Criminal Law Mechanism Research

Author: Zong Jianwen
Publisher:
Publish Date: 2000-01-01
Features: This paper studies the fundamental laws in criminal law legislation methods and the application and interpretation mechanisms of criminal law from the perspective of criminal law mechanisms, aiming to promote the optimal functioning of criminal law. The premise proposition of this paper is that criminal law norms are limited, with reasons at both the epistemological and ontological levels. The logical conclusion of criminal law's limitations is that criminal law legislation cannot close judicial activities and must achieve the social function of criminal law, i.e., the "living law" of criminal law, through the process of criminal law application. At the legislative level, the focus of the specific provisions of criminal law is to solve the issue of tightening the criminal law net, with the basic method being to establish rules for determination of guilt, providing the prosecution (representing the state) with grounds for accusing crimes. The general principles of criminal law primarily address issues of criminal liability, specifically implementing criminal responsibility within the scope of criminal law stipulation on specific offenders. Due to the limitations of criminal law, when the state accuses a crime, it must allow the defendant to express their views on the law through defense. Proving a crime in accordance with law is the substantive requirement of criminal law stipulation. In procedural activities, both the prosecution and defense sides express their opinions in accordance with law, and reaching a compromise through thorough debate is the basic method of application and interpretation of criminal law. Given the current situation, it is essential to emphasize the equivalence of empirical knowledge to official knowledge. Both are factors that contribute to the correct interpretation of criminal law provisions and the smooth operation of the application and interpretation mechanism of criminal law. This paper also discusses the main methods judges use to interpret criminal law and explores further promotion of criminal law and justice reforms to enhance the fairness of criminal procedures.
Keywords: criminal law mechanism, legislative methods, empirical knowledge, application and interpretation mechanism.