Research Of The Decriminalization Systemfrom The Perspective Of Criminal Law

Due to the confusion of the system of interpretation and the influence of some restrictive factors in the criminal procedure law,the decriminalization is still facing considerable obstacles in the current judicial practice of our country,which is not conducive to the construction of a country ruled by law.Therefore,this paper takes decriminalization in criminal justice as the research object,aiming at the improper application of the cause of decriminalization and the limitation of the decriminalization in judicial practice,adopts specific research methods such as comparative study and typing study,and tries to provide theoretical basis and support for the normative interpretation and application of decriminalization basis.In this paper,decriminalization is defined as a dynamic judicial process opposite to incrimination in judicial conviction.Because decriminalization is not just a entityproblem,it also involves the processfactors,and at the same time include the norms of criminal law,criminal policy and criminal procedural law,in fact,decriminalization is a comprehensive problem.Therefore,this paper based on the vision ofintegrated criminal scienceto establish principle of legality,the principle of presumption of innocence to be out of the basic principles of decriminalization.The basic value orientation of decriminalizationwas established asguarantee of human rights.In addition,this paper makes clear the essential position of the interpretation of decriminalization,discusses the practice and operation of decriminalization from different angles,and puts forwardsuggestion of perfectinginterpretation and applicationsystem of decriminalization in judicial practice,and the expansionofthe application of decriminalization,then makes the decriminalization of our country more unobstructed.The paper is composed of three parts: introduction,text and conclusion.The introduction elaborates the social and theoretical background and significance of the research,as well as some difficulties and emphases in the writing of this paper.The conclusion is a brief summary of the overall content and viewpoints of this paper,including a comprehensive review of the research content and reflection on the shortcomings of the research.The text part includes four chapters,which respectively discuss the category,basic principle,value orientation,explanatory position,basic mode and basis of decriminalization,as well as reflection and perfection of some problems existing in the practice of decriminalization.Among them,the first chapter and the second chapter are related to the basic problem of decriminalization,it is the basic theory of decriminalization.The last two chapters are related to the mode,basis and operation ofdecriminalization,which is a comprehensive exposition of the decriminalization system itselffrom the perspective of theory to practice.In the basic theory of decriminalization,this paper defines crime as a dynamic judicial process in which judicial personnel make a negative evaluation of the suspected criminal behavior in the view of crime evaluation according to the existing criminal law norms and theories,and finally reach a conclusion of innocence or no longer conduct crime identification.Decriminalization is not only in the substantive sense but also in the procedural sense.Therefore,under the guidance of the substantive principle of the principle of legality and the procedural principle of the principle of presumption of innocence,the basic position of decriminalizationshouldmainlyincludethe value orientation of human rights protection,the explanatory position of the view of substantial crime and its compatibility with the leniency aspect of criminal policy.In order to present the ways of decriminalization more directly and get rid of the inherent limitations of the theoretical system of crime in the interpretation of decriminalization,we need to draw lessons from the thinking framework of the theory of crime structure of class.With reference to the three-dimensional structure and logical framework of the theory of stratum’s crime structure,the basic mode of decriminalization in China can be rationalized in a more open frame,and combined with the characteristics of China’s criminal law,the basic mode of decriminalization in China will be constructed as:the principle of decriminalization in ‘proviso’--the judgment of obstruction of illegality--the judgment of obstruction of liability,and the overall judgment of the punishable behavior in different situations on this basis.Inaddition,the ways of decriminalization of our country can be divided vertically into the principle provisions of decriminalization(‘proviso’),decriminalizationinblocking illegality(illegal blocking basis)and decriminalizationinlacking of liability elements(liability blocking basis).In addition,the decriminalization based on the necessity of punishment(decriminalizationbasis of post-recovery behavior).Finally,from theory to practice,the normative interpretation and application of ‘proviso’provisions,justifiable defense and emergency avoidance in the prevention of illegality,and post-recovery behavior based on the investigation of the punishable behavior are discussed on the basis of the rational and clear and intuitive institutional framework of decriminalization.From the point of view of procedure,this paper discusses the procedural digestion of the decriminalization and the relationship between the leniency system of admission of guilt and decriminalization,so as to guarantee the existence space ofdecriminalization and ensure that decriminalization can truly become the protection of the legal rights of the defendant.This paper systematically discusses the system of decriminalization in China’s criminal law from the perspective of substantive law and procedural law closely related to substantive law.The study of decriminalization system is of great theoretical and practical significance in the construction of a country ruled by law.