On The Legislative Basis Of Criminal Theory System

The actual operation process of criminal code, to a great extent, is depended on the theory of criminal law in the complicated modern life. As a theoretical tool of intermediary, the theory of criminal law brings the legal norm and facts of the case into contact precisely, thereby effectively settle a lawsuit according to law. The different structure between Chinese theory and German theory is rooted in different Penal Code of Regulations. German Criminal Code provided for two-tier acts, which has decided its criminal system in the basic structure can only form a hierarchical structure, and thus presents a methodological analysis of the subjective from the objective to model. China’s Criminal Code states as a single-tier crime. It determines that the criminal system needn’t adopt a hierarchical structure, but it is worth to use German model for reference. To make the condition of Criminal theory is restricted by Criminal Code; it has an extremely important prerequisite for significance, which constructs the structure the scientific and practical criminal system in the context of the Chinese Criminal Law.Firstly, the noumenon property of criminal code and criminal theory is different. Scholars should hold the attitude of interpreters to explain the code. Secondly, the progression type of traditional theory of criminal constitution is rooted in the Article16 of Chinese Criminal Code. The logic structure of this article shows the base of criminal constitution, which is the pillar of Justifiable Acts, the touchstone of theory of Joint Crimes, and the cornerstone of criminal system.Thirdly, the different structure between Chinese theory and German theory is rooted in different Penal Code of Regulations. German Criminal Code provided for two-tier acts, which has decided its criminal system in the basic structure can only form a hierarchical structure, and thus presents a methodological analysis of the subjective from the objective to model. China’s Criminal Code states as a single-tier crime. Therefore, the Object of Crime leads a clear road to looking for the concrete article of crime, as well as the Subject of Crime. The foundation of criminal theory is rooted in article, scholars should not to build and refine the castles in the air of the model world.