Advance Thinking On The Judicial Application Of The Class Crime Theory System

Today,the debate on the structure for analyzing criminal liability has basically subsided in China,the staged system is becoming popular among young scholars.However,it has not widely accepted by the Chinese judicial practice.In order to achieve this goal,the requirements of the practice itself need to be considered.In addition to the introduction and conclusion,this paper is divided into three chapters:The first chapter discusses the relationship between staged system and justice.Compared with the bipartite structure and quartered structure in Common law and Russia,the core feature of tripartite structure is systematized.The idea that the staged system cannot be applied in practice misunderstand the relationship between the system and justice.The staged system is helpful to improve the efficiency and impartiality of the judiciary.The second chapter discusses the application of the staged system in China.Chinese judges do not follow the systematic way of thinking when writing the criminal judgment,mistakes in concept use are also common.One reason for this is that judicial activity places more emphasis on problem-oriented thinking,another is the professional quality of judges are not enough to support systematic thinking.Besides,the function that the structure for analyzing criminal liability has been replacing by judicial system such as judicial interpretation.The reform of bipartite structure is inevitable in China,but it is also a gradual process.The third chapter discusses how to make the staged system be accepted by Chinese judicial practice.It is urgent to make it more concise and easy to understand so that judicial personnel can enjoy the convenience brought by systematic thinking.Therefore,it is necessary for scholars to make the system easier,Combine the three parties in the criminal procedure to implement the class system in the litigation activities.is also important.The fundamental way to promote the judicalization of the staged system is to carry out the education of law application method in law school.The possible innovation of this paper lies in examining the debate on the structure for analyzing criminal liability from the perspective of legal methodology and judicial system,and trying to think on the basis of maintaining a sympathetic understanding on the practice,and the conclusions has a better adaptation to reality.Possible shortcomings lie in the general lack of in-depth application of legal methodology and comparative law knowledge in this paper,and the collection of samples of judgment documents is limited.