Study On The Clarity In The Context Of Criminal Law

The clarity of criminal law is derived from the principle of legality,which belongs to one of the new added among various connotations of theprinciple of legality, designed to limit the legislative power, and thecorresponding part of the substance of the rule of law. Clarity mainlymakes demands of the criminal legislation, including the clarity of crimeand the clarity of punishment in specific content. From a functional pointof view, clarity has double virtues of the guidance of both the legislationand judiciary, regardless of the criminal law itself or the protectionof personal rights or the rule of law are of great significance. We needto maximize the effect of clarity, grasp the foundation of the theory ofclarity. What more important is to find out the situation of clarity inthe context of criminal law in our country. The author chose this subject,tried to emphasize the importance and necessity of promoting thelocalization of clarity, and hoped to draw the attention and study of therealization route of this proposition.The article is divided into three parts: introduction, body andconclusion. Body part involves four chapters. Structurally, there arethree main parts in general.Part Ⅰ: involves Chapter I and Chapter II, mainly is theoreticalanalysis and discussion of the clarity of criminal law. The specificcontents of Chapter I are the clarity theory at an early stage, the establishment of clarity principles, the relationship between the clarityand legality, the conception and value analysis of the clarity of criminallaw. Chapter II explains the composition contents of the clarity ofcriminal law from two aspects of crime and punishment, and defines thejudgment standard of clarity of criminal law from three dimensions:benchmark, foothold, and critical point.PartⅡ: is Chapter Ⅲ, mainly based on China’s Criminal Law, toanalyze the situation of clarity from the perspective of criminal lawcontext. Firstly, China’s Ancient Criminal Law and Criminal Law in1979years, for example, were investigated the situation of criminal clarityin China’s history context. Secondly, presents the macroscopicallypositive and negative comments of the clarity situation of the existingcriminal law of1997, and analysis four disputed contents one by one.Finally, by linking theory with practice, demonstrates and analysis thecase of the crime of illegal business.Part Ⅲ: in chapter IV, the author mainly states the realizationroute and specific path of the localization of clarity of criminal lawin China. In the aspect of realization route, it establishes a clearlegislative guiding ideology of clarity, improves the technology ofcriminal legislation to build a legislative road of localization. In theaspect of specific path, it emphatically demonstrates the interpretationand jurisprudence of the path, puts forward the proposal of supportingthe interpretation and opposing the jurisprudence. In addition, itintroduces the case guidance path that helps to improve the clarity ofcriminal law in judicial practice in China.