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- April 15, 2011, 04:26:43 PMHowever, the discourse should be a note with the Real - the principle of legality of the new Criminal Code,
However, the discourse should be a note with the Real - the principle of legality of the new Criminal Code, 【Abstract】 The new Penal Code established the principle of legality with Chinese characteristics, a negative side, there are positive side; not only protect the value of Yun, and Yun conservation value. Articles produced from the principle of legality and law and development review process to start, confirms the principle of legality in the function and value of holding one on: only protection is to limit the function and value. And pointed out that the principle of legality Therefore should be abandoned broken in order to further the principle of legality of what we are. Introduction of new criminal law is the most notable achievements of the solemn declaration by the third principle of legality: expression of this principle, some scholars from the perspective of logical analysis which reveals the Judgement. These two different way of expression, reflecting the profound essence of its value the pursuit of difference: the value of the pursuit of Western criminal law focused on the limits of judicial power to protect the human rights of citizens; and the value of China's pursuit of criminal law focus on the protection of society against crime; and attention protection of human rights, limit judicial power. (Note: See Xuerui Lin, Yang Shuwen First, 'the law expressly provides for the criminal acts, convicted and punished in accordance with the law.' The second is 'the law does not explicitly defined as criminal behavior, not punishment.' The first aspect may be called active principle of legality, the second may be called the negative aspects of the principle of legality. meanings are 'law does not a crime, law does not punish.' the basic spirit is to prevent the abuse of state power of punishment to protect human rights. 1997 edition p. 63) punishing crimes, protecting the people. primary purpose is to prevent and punish crime, protect human rights. This is the first one; and penalties to prevent abuse of the right to protection of human rights, this is the second place. Article 3 to overcome the one-sidedness of Western criminal law, criminal law the first time in the history of the right of the proper use of criminal law, combating crime, protecting people as an important aspect of the principle of legality clearly defined, and put it first, which is the principle of legality The new development, And this article is to review the We think: is this One: the discourse ought to: the new criminal law principle of legality Issues: whether the principle of legality should exist Well-known fact: the principle of legality is the official symbol of the birth of a full two hundred years ago by the that no criminal law), nulluapoenasinelege (ie, no penalty without law), nullumcrimensinepoena (no penalty for that is no crime). Chinese characters to be extracted, that is, the principle of legality is to suppress the right of the negative attitude Criminal stage of history, and as a uphill struggle 'to obtain the results after. 1999 edition p. 153) The principle of legality can not be said to be based on the height of human nature against the power of extreme suspicion and frustration but to make a wise choice. p. 154) with Hume's Mo with Deng Zhenglai Translation UPON COMBINATION the principle of legality Its relationship with the power of punishment, it is the negative. This is the original form of the principle of legality. So, the principle of legality has experienced since the birth of two hundred years to evolve, it has fundamentally changed the original form of it? This law should be reviewed for their development. We think: With the culture of the country from the rule of law (or a form of rule of law from the substantive rule of law) of the social evolution, the principle of legality also occurred in the following changes: First, from absolute to relative of: the legality the principles of Marxism derived soft. Such as from the absolute prohibition of analogy to allow the defendant's analogy in favor; from the absolute prohibition of retroactive laws to allow the light law retroactive; from the absolute prohibition of torture from time to time to allow the relatively irregular punishment, etc.; second, from formal to real: the real side of the principle of legality is derived. Unwritten law is the prohibition to prohibit ex post facto law to prohibit so on the side of these traditional forms of content, Health issued a . More than two hundred years between the two is the crime of criminal law principles as well as through the development process and has become the criminal law field to obtain the consensus results. We can see: the principle of legality has never been against the introduction of the development of No matter how history changes, the principle of legality in the negative right to limit the penalty that is consistent and unwavering. The so-called active principle of legality (Note: New song a long time, . If only the right to expect the negative limit penalties to protect human rights, and urging expansion of the positive power of punishment to punish crime, then the principle of legality is actually a two horse drawn and quartered. Standing in this position, I am in favor of Dr. Luo Shuzhong view: words, (Note: Luo Shu in the Annotated, the German and Japanese criminal law, there are two basic principles: the first is Legality, and the second is the responsibility doctrine. (Note: See [Japanese] Nishihara countryman editor, Li Haidong such as translation, . However, for liability doctrine, but added Ryuichi Hirano Japanese criminal law scholars ] Translation Otsuka Ren Zhu Feng, Professor Otsuka Ren criticism: Of course there is responsibility for the Branch to the penalty for. Criticism responsibility also applies to the positive critique of legality. By the is the same thing. Professor Chen Xingliang the basic principles of criminal law and civil law for interpretation of heterogeneity that we provide support for these arguments: function with the expansion of the basic principles of civil law, but the basic principles of criminal law is a limited function. (Note: Chen Xingliang But the principle of legality , but its original value of the protection of human rights. This decision today is no objection. However, this is worth exploring on this topic has involved the theoretical basis of the principle of legality (or according to the problem). The general has always been thought that is based on natural rights, separation of powers doctrine and theory of psychology as a mandatory principle of legality of the three major theoretical column. However, we can easily find a careful weighing about natural rights theory of the ideological and psychological force is completely opposite values: the natural rights is the core spirit of the classical natural law, Weiyantaiyi is to confirm, guarantee and promote the people born with come, the sacred rights and freedoms of man's liberation. The doctrine of Feuerbach but the psychological force of the evil of human nature Basis, so the penalties threatened by the effects of requirements to achieve the effect of general prevention, we can say is the value orientation of social protection, not only that, as a psychological force threat of punishment tools bones full of contempt for human freedom. (Although no such fee's awareness of my decision, but his doctrine of objective value that is the case.) Critique, as Hegel: force people, but law and justice, freedom and the will must be, not in the threat points to the lack of freedom to find their basis. if under threat as a penalty, just as the dog raised his stick to front, this is not human dignity and freedom to be due attention, but treat him like a dog. ) can be seen that natural rights theory of ideological and psychological force originally So, now p. 26) because the two are built on the principles of the theory of the crime a pillar of the Criminal Code, not only means that the principle of legality also contains the value of social protection, and more frightening is this: the principle of legality means that the support pillars of care also between each other-defeating. Therefore, in order to avoid only the principle of legality in the disintegration of the internal constraints, only for the sole and exclusive value of the choice. It should only be left to the value of human rights protection. As Japan's outstanding criminal law experts, Professor Chen Xing Takigawa said: to protect the rights and freedoms that people enjoy the inviolability of the modern criminal law scholars acknowledge that almost without exception. editor of compatible with the new amendments have values. As is already on, the principle of legality in the two hundred years has gone from absolute to relative of, from the formal to the real-oriented development. On the one hand, from the absolute to the relative of the Legality of the derived principles are soft. Means broadening the field of judicial discretion. This is not so much need to consider social security, protection of human rights as it is the transition of thinking. Because it was the kind of machinery conservative principle of legality can only express the general justice, protection of collective human rights, and difficult to comprehensive individual justice, protection of individual human rights. Therefore, some of the principles derived softening and flexibility are absolutely necessary. Fortunately, Professor Chen as Takigawa said: ],[realized in the form of rationality and substantive rationality of co-operative. It can be said that the humanitarian Writing, more can be said to concern the concept of human rights progress. Because the pursuit of a purely formal rationality of the law entirely possible tool for human rights trampled. Imposing draconian laws often also wore the crown of the pious. Otani Japanese scholars as the implementation of the Criminal Code says: crime and punishment even if defined in the law, but its content based on the lack of necessity and rationality of punishment, the penalty for abuse of the right to become, in essence, would infringe the human rights of citizens. One of the side, is always exclusive, Because these changes are along the If the beginning of the principles that still inevitably there were times of prints and the overkill of the color (Note: See Xuerui Lin, Yang Shuwen can be said that protection of human rights values of self-abandon, or the protection of human rights values of the pragmatic, rational evolution, but by no means the value of the extension of social protection is satisfied with the blend. Social protection should not be the Legality of the value of the position, but the localization of function of criminal law. Before the birth of the principle of legality of the police state authoritarian era, the national criminal law itself is only the means and tools of crime suppression, but not their own value and purpose, that is: define the scope of the system of individual freedom. Marks the birth of the principle of legality in criminal law era and the beginning, the principle mission is to make the criminal law as the true meaning of restraint on the evil powers of the Thus, the principle of legality by the opportunity to make criminal law into the new function of safeguarding human rights, not only that, but also change the taste of the traditional functions of social protection to Aging: on the one hand, social protection is not absolute: criminal law to protect is not the mood of society, but society's legal interests, so the criminal law only in the legal interests are violated can intervene; the other hand, the supremacy of social protection is not: not the individual exists for society, but society exists for the individual, So criminal law must not sacrifice individual rights to protect the poor vague so-called It is in this sense, we say: around the back we said before sentence: If you do not see it, is the principle of legality does not really understand the interest generated by purpose, where we believe that the crime should be the values and principles of criminal law distinction between the function of criminal law, the relationship between the two mixed up the result can only be canceled until the overhead the principle of legality. Should be noted that: directly or indirectly, advocating the principle of legality implies the value of social protection in Western criminal law scholars are considerable. Criminal law scholars in Japan, both the new breed of old school figures have expressed this tendency. The former, such as Ono, Seiichiro Dr. accused the West of Legality emphasis on personal freedom and lack of social security; (Note: [date] Zhongshan Kenichi with, Jiang Wei, Bi Ying Da translation pages) which, as Dr. Kimura two turtles 1988 edition p. 28) If the views of these two scholars somewhat ambiguous words, Makino English - Dr. evolution from his criminal proceeding, stirring to point out: The principle of legality has been the restrictions on increasing the promotion function function of the program and the Principle of Legality in Criminal Law The essence of this claim that human rights Legality old guard went to the national culture and science current era, said: human rights. the penalty has not only been Mianshou personal protection, but also the protection of the applicable penalties under law. Although this is only a beautiful view, but it is in possession of toxins, because it is in fact required by that country through the implementation of the penalty, human rights to can be protected, the result it is possible,You are not allowed to view links. Register or Login, I am afraid would not have had a question of Legality. 1988 edition p. 18) review of the above, we think we can make the following conclusions: the whole spirit of the principle of legality, that is, limit the power of punishment by the negative to positive protection of human rights, and nothing more, nothing else intended. Zhengru Dr. Li Haidong said: all We think: The new criminal law principle of legality established by the We previously confirmed the principle of legality exists only in the negative side, this is the right punishment for its relations with the interpretation made. But this interpretation, after all, something more to say, because the negative power of punishment is not the ultimate limit day. The ultimate purpose of the principle of legality is limited by the negative power to achieve a positive opening on the right. The so-called ) Commercial Press, 1964 p. 16) This is an active advocate of legal academia in recent years, the From this sense, the principle of legality is a masterpiece created by the Criminal Code to two entirely different world, space and power the right space. Also, the right space is actually defined by space and power to be exclusive style dissection. Thus, the operation of state power is limited space, and individual rights is a sea of riding space. Therefore, individuals and their rights will always have ultimate significance. It is in this sense, we believe that: the principle of legality or rights shall be based on an individual based and value orientation. However, the new criminal law principle of legality established by the first sentence says: In the face of the wanton citizens, but the wayward citizens before the law. Thus, this principle is not the first country for the party, but the citizens of that party, not the first right toward the head, but of power that one. We can certainly say that it is social and power-based. So, although we can very solemn mood With articulated so forcefully read the first half of this principle is so, but the overall feel of the chill face sharpening our taste. Because this is not the right voice, but the power of sound. Second, contrary to the spirit of the Criminal Law. According to the Japanese criminal law scholars view Ryuichi Hirano, Criminal Law Criminal Law contains the spirit of complementary, fragment and tolerance. (Note: see Zhang Mingkai As is already on the modern principle of legality has been the essence of the relative of. On the one hand, on the substance of the run, is to emphasize the , reflecting the complementary nature of criminal law and fragmentary; other hand, in terms of the relative of that strict and binding rules and discretion. Specifically: 1) In a matter of habit, the habit is certainly not a criminal origin, but the interpretation of particular crimes in the criminal law negates the interpretation of guiding significance. This crime of criminal law by the German and Japanese style system to obtain evidence. Under the prevailing To determine the nature, components are active judge Department has convicted function, but because of the illegal types of constituent elements as the function of a presumption of law, so there is no illegality without further positive judgments, but only whether the law negates the elegant reason. Judgement is therefore illegal, Department of negative judgments, with the sin function; to determine the baseline, the constituent elements to determine the penalty must be strictly limited to the laws and regulations, and the illegality of the whole legal order from the judge should be moral and even ethical to ask for advice, see the floor plus . Therefore, the so-called In this, habits or So: Or: Or: modest and restrained spirit, embodies the tolerance of criminal law. So the principles for the development of the evolution of crime, we can say that human rights protection in addition to the concept of evolution, they can also be said to be within the spirit of Criminal Law. For the new criminal law principle of legality, of criminal law scholars generally agreed that this is Criminal Law, The expression is case law doctrine of common law countries tend to use The edition page 9) that is law countries and refer to case law, this source of law does not preclude differences in cultural view of identity between the value of the demand: that the law - no matter what form of law - the right to limit the penalty). [1] [2] Next
However, the discourse should be a note with the Real - the principle of legality of the new Criminal Code, 【Abstract】 The new Penal Code established the principle of legality with Chinese characteristics, a negative side, there are positive side; not only protect the value of Yun, and Yun conservation value. Articles produced from the principle of legality and law and development review process to start, confirms the principle of legality in the function and value of holding one on: only protection is to limit the function and value. And pointed out that the principle of legality Therefore should be abandoned broken in order to further the principle of legality of what we are. Introduction of new criminal law is the most notable achievements of the solemn declaration by the third principle of legality: expression of this principle, some scholars from the perspective of logical analysis which reveals the Judgement. These two different way of expression, reflecting the profound essence of its value the pursuit of difference: the value of the pursuit of Western criminal law focused on the limits of judicial power to protect the human rights of citizens; and the value of China's pursuit of criminal law focus on the protection of society against crime; and attention protection of human rights, limit judicial power. (Note: See Xuerui Lin, Yang Shuwen First, 'the law expressly provides for the criminal acts, convicted and punished in accordance with the law.' The second is 'the law does not explicitly defined as criminal behavior, not punishment.' The first aspect may be called active principle of legality, the second may be called the negative aspects of the principle of legality. meanings are 'law does not a crime, law does not punish.' the basic spirit is to prevent the abuse of state power of punishment to protect human rights. 1997 edition p. 63) punishing crimes, protecting the people. primary purpose is to prevent and punish crime, protect human rights. This is the first one; and penalties to prevent abuse of the right to protection of human rights, this is the second place. Article 3 to overcome the one-sidedness of Western criminal law, criminal law the first time in the history of the right of the proper use of criminal law, combating crime, protecting people as an important aspect of the principle of legality clearly defined, and put it first, which is the principle of legality The new development, And this article is to review the We think: is this One: the discourse ought to: the new criminal law principle of legality Issues: whether the principle of legality should exist Well-known fact: the principle of legality is the official symbol of the birth of a full two hundred years ago by the that no criminal law), nulluapoenasinelege (ie, no penalty without law), nullumcrimensinepoena (no penalty for that is no crime). Chinese characters to be extracted, that is, the principle of legality is to suppress the right of the negative attitude Criminal stage of history, and as a uphill struggle 'to obtain the results after. 1999 edition p. 153) The principle of legality can not be said to be based on the height of human nature against the power of extreme suspicion and frustration but to make a wise choice. p. 154) with Hume's Mo with Deng Zhenglai Translation UPON COMBINATION the principle of legality Its relationship with the power of punishment, it is the negative. This is the original form of the principle of legality. So, the principle of legality has experienced since the birth of two hundred years to evolve, it has fundamentally changed the original form of it? This law should be reviewed for their development. We think: With the culture of the country from the rule of law (or a form of rule of law from the substantive rule of law) of the social evolution, the principle of legality also occurred in the following changes: First, from absolute to relative of: the legality the principles of Marxism derived soft. Such as from the absolute prohibition of analogy to allow the defendant's analogy in favor; from the absolute prohibition of retroactive laws to allow the light law retroactive; from the absolute prohibition of torture from time to time to allow the relatively irregular punishment, etc.; second, from formal to real: the real side of the principle of legality is derived. Unwritten law is the prohibition to prohibit ex post facto law to prohibit so on the side of these traditional forms of content, Health issued a . More than two hundred years between the two is the crime of criminal law principles as well as through the development process and has become the criminal law field to obtain the consensus results. We can see: the principle of legality has never been against the introduction of the development of No matter how history changes, the principle of legality in the negative right to limit the penalty that is consistent and unwavering. The so-called active principle of legality (Note: New song a long time, . If only the right to expect the negative limit penalties to protect human rights, and urging expansion of the positive power of punishment to punish crime, then the principle of legality is actually a two horse drawn and quartered. Standing in this position, I am in favor of Dr. Luo Shuzhong view: words, (Note: Luo Shu in the Annotated, the German and Japanese criminal law, there are two basic principles: the first is Legality, and the second is the responsibility doctrine. (Note: See [Japanese] Nishihara countryman editor, Li Haidong such as translation, . However, for liability doctrine, but added Ryuichi Hirano Japanese criminal law scholars ] Translation Otsuka Ren Zhu Feng, Professor Otsuka Ren criticism: Of course there is responsibility for the Branch to the penalty for. Criticism responsibility also applies to the positive critique of legality. By the is the same thing. Professor Chen Xingliang the basic principles of criminal law and civil law for interpretation of heterogeneity that we provide support for these arguments: function with the expansion of the basic principles of civil law, but the basic principles of criminal law is a limited function. (Note: Chen Xingliang But the principle of legality , but its original value of the protection of human rights. This decision today is no objection. However, this is worth exploring on this topic has involved the theoretical basis of the principle of legality (or according to the problem). The general has always been thought that is based on natural rights, separation of powers doctrine and theory of psychology as a mandatory principle of legality of the three major theoretical column. However, we can easily find a careful weighing about natural rights theory of the ideological and psychological force is completely opposite values: the natural rights is the core spirit of the classical natural law, Weiyantaiyi is to confirm, guarantee and promote the people born with come, the sacred rights and freedoms of man's liberation. The doctrine of Feuerbach but the psychological force of the evil of human nature Basis, so the penalties threatened by the effects of requirements to achieve the effect of general prevention, we can say is the value orientation of social protection, not only that, as a psychological force threat of punishment tools bones full of contempt for human freedom. (Although no such fee's awareness of my decision, but his doctrine of objective value that is the case.) Critique, as Hegel: force people, but law and justice, freedom and the will must be, not in the threat points to the lack of freedom to find their basis. if under threat as a penalty, just as the dog raised his stick to front, this is not human dignity and freedom to be due attention, but treat him like a dog. ) can be seen that natural rights theory of ideological and psychological force originally So, now p. 26) because the two are built on the principles of the theory of the crime a pillar of the Criminal Code, not only means that the principle of legality also contains the value of social protection, and more frightening is this: the principle of legality means that the support pillars of care also between each other-defeating. Therefore, in order to avoid only the principle of legality in the disintegration of the internal constraints, only for the sole and exclusive value of the choice. It should only be left to the value of human rights protection. As Japan's outstanding criminal law experts, Professor Chen Xing Takigawa said: to protect the rights and freedoms that people enjoy the inviolability of the modern criminal law scholars acknowledge that almost without exception. editor of compatible with the new amendments have values. As is already on, the principle of legality in the two hundred years has gone from absolute to relative of, from the formal to the real-oriented development. On the one hand, from the absolute to the relative of the Legality of the derived principles are soft. Means broadening the field of judicial discretion. This is not so much need to consider social security, protection of human rights as it is the transition of thinking. Because it was the kind of machinery conservative principle of legality can only express the general justice, protection of collective human rights, and difficult to comprehensive individual justice, protection of individual human rights. Therefore, some of the principles derived softening and flexibility are absolutely necessary. Fortunately, Professor Chen as Takigawa said: ],[realized in the form of rationality and substantive rationality of co-operative. It can be said that the humanitarian Writing, more can be said to concern the concept of human rights progress. Because the pursuit of a purely formal rationality of the law entirely possible tool for human rights trampled. Imposing draconian laws often also wore the crown of the pious. Otani Japanese scholars as the implementation of the Criminal Code says: crime and punishment even if defined in the law, but its content based on the lack of necessity and rationality of punishment, the penalty for abuse of the right to become, in essence, would infringe the human rights of citizens. One of the side, is always exclusive, Because these changes are along the If the beginning of the principles that still inevitably there were times of prints and the overkill of the color (Note: See Xuerui Lin, Yang Shuwen can be said that protection of human rights values of self-abandon, or the protection of human rights values of the pragmatic, rational evolution, but by no means the value of the extension of social protection is satisfied with the blend. Social protection should not be the Legality of the value of the position, but the localization of function of criminal law. Before the birth of the principle of legality of the police state authoritarian era, the national criminal law itself is only the means and tools of crime suppression, but not their own value and purpose, that is: define the scope of the system of individual freedom. Marks the birth of the principle of legality in criminal law era and the beginning, the principle mission is to make the criminal law as the true meaning of restraint on the evil powers of the Thus, the principle of legality by the opportunity to make criminal law into the new function of safeguarding human rights, not only that, but also change the taste of the traditional functions of social protection to Aging: on the one hand, social protection is not absolute: criminal law to protect is not the mood of society, but society's legal interests, so the criminal law only in the legal interests are violated can intervene; the other hand, the supremacy of social protection is not: not the individual exists for society, but society exists for the individual, So criminal law must not sacrifice individual rights to protect the poor vague so-called It is in this sense, we say: around the back we said before sentence: If you do not see it, is the principle of legality does not really understand the interest generated by purpose, where we believe that the crime should be the values and principles of criminal law distinction between the function of criminal law, the relationship between the two mixed up the result can only be canceled until the overhead the principle of legality. Should be noted that: directly or indirectly, advocating the principle of legality implies the value of social protection in Western criminal law scholars are considerable. Criminal law scholars in Japan, both the new breed of old school figures have expressed this tendency. The former, such as Ono, Seiichiro Dr. accused the West of Legality emphasis on personal freedom and lack of social security; (Note: [date] Zhongshan Kenichi with, Jiang Wei, Bi Ying Da translation pages) which, as Dr. Kimura two turtles 1988 edition p. 28) If the views of these two scholars somewhat ambiguous words, Makino English - Dr. evolution from his criminal proceeding, stirring to point out: The principle of legality has been the restrictions on increasing the promotion function function of the program and the Principle of Legality in Criminal Law The essence of this claim that human rights Legality old guard went to the national culture and science current era, said: human rights. the penalty has not only been Mianshou personal protection, but also the protection of the applicable penalties under law. Although this is only a beautiful view, but it is in possession of toxins, because it is in fact required by that country through the implementation of the penalty, human rights to can be protected, the result it is possible,You are not allowed to view links. Register or Login, I am afraid would not have had a question of Legality. 1988 edition p. 18) review of the above, we think we can make the following conclusions: the whole spirit of the principle of legality, that is, limit the power of punishment by the negative to positive protection of human rights, and nothing more, nothing else intended. Zhengru Dr. Li Haidong said: all We think: The new criminal law principle of legality established by the We previously confirmed the principle of legality exists only in the negative side, this is the right punishment for its relations with the interpretation made. But this interpretation, after all, something more to say, because the negative power of punishment is not the ultimate limit day. The ultimate purpose of the principle of legality is limited by the negative power to achieve a positive opening on the right. The so-called ) Commercial Press, 1964 p. 16) This is an active advocate of legal academia in recent years, the From this sense, the principle of legality is a masterpiece created by the Criminal Code to two entirely different world, space and power the right space. Also, the right space is actually defined by space and power to be exclusive style dissection. Thus, the operation of state power is limited space, and individual rights is a sea of riding space. Therefore, individuals and their rights will always have ultimate significance. It is in this sense, we believe that: the principle of legality or rights shall be based on an individual based and value orientation. However, the new criminal law principle of legality established by the first sentence says: In the face of the wanton citizens, but the wayward citizens before the law. Thus, this principle is not the first country for the party, but the citizens of that party, not the first right toward the head, but of power that one. We can certainly say that it is social and power-based. So, although we can very solemn mood With articulated so forcefully read the first half of this principle is so, but the overall feel of the chill face sharpening our taste. Because this is not the right voice, but the power of sound. Second, contrary to the spirit of the Criminal Law. According to the Japanese criminal law scholars view Ryuichi Hirano, Criminal Law Criminal Law contains the spirit of complementary, fragment and tolerance. (Note: see Zhang Mingkai As is already on the modern principle of legality has been the essence of the relative of. On the one hand, on the substance of the run, is to emphasize the , reflecting the complementary nature of criminal law and fragmentary; other hand, in terms of the relative of that strict and binding rules and discretion. Specifically: 1) In a matter of habit, the habit is certainly not a criminal origin, but the interpretation of particular crimes in the criminal law negates the interpretation of guiding significance. This crime of criminal law by the German and Japanese style system to obtain evidence. Under the prevailing To determine the nature, components are active judge Department has convicted function, but because of the illegal types of constituent elements as the function of a presumption of law, so there is no illegality without further positive judgments, but only whether the law negates the elegant reason. Judgement is therefore illegal, Department of negative judgments, with the sin function; to determine the baseline, the constituent elements to determine the penalty must be strictly limited to the laws and regulations, and the illegality of the whole legal order from the judge should be moral and even ethical to ask for advice, see the floor plus . Therefore, the so-called In this, habits or So: Or: Or: modest and restrained spirit, embodies the tolerance of criminal law. So the principles for the development of the evolution of crime, we can say that human rights protection in addition to the concept of evolution, they can also be said to be within the spirit of Criminal Law. For the new criminal law principle of legality, of criminal law scholars generally agreed that this is Criminal Law, The expression is case law doctrine of common law countries tend to use The edition page 9) that is law countries and refer to case law, this source of law does not preclude differences in cultural view of identity between the value of the demand: that the law - no matter what form of law - the right to limit the penalty). [1] [2] Next