Clarity Of Criminal Law To Achieve Justice

The principle of clarity as essential side of the important requirements of the principle of legality, the definition of criminal law includes the definition of the crime and the certainty of the punishment. It not only requires the legislation of the criminal law to be clear, but also the criminal justice should be clear. The definition of the criminal law is of great significance for the effective implementation of the task and concept of criminal law, the possibility of national prediction, and the construction of a country ruled by law. In our country criminal law theory study of clarity of criminal law is a general lack of judicial perspective, and to the full realization of the criminal law, we must in the judicial interpretation of criminal law and criminal justice carry out clear principles and to reinforcing norms of criminal law in the clear.In our country, the judicial interpretation of criminal law is an important carrier of the definition of the criminal law. On the one hand,the criminal judicial interpretation has important significance to enhance the clarity of the criminal law, on the other hand, the judicial interpretation of criminal law itself and implement of criminal law clearly related, while the actual property of the criminal judicial interpretation decided it should be an important carrier of the clarity of the criminal code. Currently, the binary system of judicial interpretation lead some disaccord and conflicts between criminal interpretation itself, and the juducial interpretation is lack of clear limits and standards, and the interpretation technique also needs to be improved, and the interpreted language to be standardized. Accordingly, solve the criminal judicial interpretation is not clear way is: one is clearly distinguish the explained subject of interpretation power and scope; the two is macro to establish justice and legality of philosophy, micro to strictly follow the literal scope; three is to improve the criminal judicial interpretation technology, and pay attention to the explain terminology the standard and clear.Criminal judicial decision is another important carrier of the definition of criminal law. But in our country at present, the criminal judgment is difficult to make it clear. On the one hand,the criminal judicial judgment not of the case and the applicable criminal law norms of reasoning, on the other hand, on the other hand the defendants and their counsel the innocence or light offence reason be seriously disputed. While the decision book open range is limited and open degree is not high. Cause the cause of this situation is mainly judges to enhance the importance of criminal judgment clear lack of knowledge, and some judges is lack of reasoning ability in the judgment, relevant laws not fully explained the reasons for the sentence to make mandatory provisions. This is not only detrimental to the judicial authority and judicial credibility, but also is not conducive to the protection of the criminal law, it is not conducive to the realization of the positive general prevention of crime. So, it should be played through the guidance of case guidance and exemplary role, enhance judgment reasoning and openness, improving the quality of judges to enhance the clarity of the criminal judgment.