Penal Fiction

Human beliefs have fictional abstract, fiction as a fiction of law notonly verify the authority of law, but also that the law must be belieflegislative intent. The fiction of criminal law is a legal fiction in criminallaw, is the fictional facts and basic facts equated, legislative phenomenonalso apply the same legal effect. The justification of legal, is inevitableand the unity of form, is based on the human nature essence according tothe basis to achieve balance between crime and punishment, to ensurethat the citizens belief on the criminal law, the criminal law protection tomeasure social and protection of human rights in the balance, the finalrealization of justice. In our country, the criminal law to appear not onlyin the criminal law, but also left a lot of figure in general. The fiction ofcriminal law legitimacy exist according to does not mean that there is norisk, it faces the social changes brought embarrassment, as the risk ofexceptions to breakthrough the restrictions on the number of encroachcitizen forecast possibility, external risks being misunderstood, byanalogy. To prevent the risk of criminal law, we need to follow certainprinciples in the criminal legislation, strictly follow the principle oflegality in criminal justice line, at the same time in our country did notestablish the judicial review system of the national conditions, we mainlyis to explain to prevent from the criminal law theory, to explain theprinciple of balance, justice the standard, good coordination of criminallaw for the protection of society and human rights function, provides thetheoretical basis for criminal justice and criminal legislation.