On The Research Of Definition Of Criminal Law

The research about definition of criminal law is very hot in the law circle in these years.Most criticisms from law experts focus it on the value of human rights and rule of law.The criminal law is a code of conduct.The people need to be predictable to the results of violating it.To individuals,he can do whatever the law don't prohibit.The definition of border of violating laws means people's certainty of doing what he can do.To judgers,this can limit their power in the necessary scopes to avoid the power abuse which damage the human freedom and rights.To nations,definite criminal law assures the government maintain the social stablity by laws.Its definition also gives a deep influnce on nation's moral and culture.In general,definition of criminal law is divided into two areas in crime and penal.The certainty of content only provides object to judge the definition.But level of definition of criminal law is still in discusses.Some experts think that definition should be measured by most of people.But other experts think that definition should be measured by professional judgers.It is so in China.Professor Zhangmingkai think of criminal law as a rule for judgers.But professor Zhangjianjun said that definition of criminal law should be measured in understanding ability of people.Furler,a famous expert in law said: “ The law is a system to make people obey the rules ”.But the criminal law is weak in its abstract contents.It can't be adaptive to diverse demand of reality of life.So judgers need to be skilful to apply the general principle to individual criminal case.In some cases,judgers will meet the problem of no rules applying to the cases.The definition of criminal law is a question of legislation,but absolute definition of law don't depend on the methods of legislation.The judicial interpretation is another version of law of crime which is more accurate and special,it plays important role in definition of criminal law,but it can't solve this problem as its same way of description in words.Ludwig Josef Johann Wittgenstein pointed : “the meaning of a word needs to be got in the situation of special using”,so it hides behind the real human life.The definition of criminal law depend on if judgers can coordinate the principle with the real life.Of course,The realization of functions like protection of human rights and freedom needs criminal law.Judicial interpretation can play important role in explaining meanings of the law.But judgers' law-executings is the basic way to definition of criminal law.So the pressure from definition of criminal law is requested to be shared by criminal law,judicial interpretation and judgers' law-executings.This article is divided into four parts.The first part is to describe the definition of criminal law in theory,including contens and judging standard of definition of criminal law,its discussed in the relatively view and the explicit way of criminal law.The second part is to realize the definition of criminal law by legislation design.Some unclear designs in the law can be clear if they are given accurate explaining.It contains Miscellaneous Provisions,blank facts about a crime and normative constitutive elements.For the third part,some blank in the definition of criminal law comes from immature legislation ideology or coarse skills of legislation.The problems resulted from it are real problems in definition of law,but it can be handled by legislation activities,such as revising or abolishing laws.In the four part,rigid law can't be melted into the diverse and rich reality of the world.So absolute definition of criminal law is only ture in the judicial activities.The author introduces it in two parts: judicial interpretation and law-executings by judgers.