On The Legal Fictions In Criminal Law Of Our Country

This article discusses the concept and characteristics of legal fiction in my country’s criminal law,and the analysis of related criminal law terms,discussing the value and risk of legal fiction clauses in the criminal law,the limits and the direction of improvement.First of all,regarding the concept of legal fiction,there are controversies such as presumption hypothesis,decisive fiction,and legislative technique.Further,we can conclude that legal fiction has the characteristics of different constituent facts,format of expression,irrefutable and legality of applicable circumstances,and it is related to and different from criminal presumption,criminal analogy and cautionary provisions.,They cannot be confused.Secondly,through sorting out the many clauses of legal fiction in the general provisions and sub-rules of the criminal law,a detailed theoretical analysis of some of the key clauses and controversial clauses,and case support,finally clarified the disputes of the legal fiction clauses in the criminal law.At the same time,it has once again verified that legal fiction in the criminal law meets the characteristics of legal fiction mentioned above.Furthermore,legal fiction in the criminal law has positive value and potential risks,so we need to calmly analyze it and apply it cautiously.It is undeniable that the legal fiction clauses in the criminal law have many positive meanings,but at the same time we should realize that once the fiction is improper,there will be more potential risks.Finally,it is very important to clarify the limits of legal fiction in criminal law.Whether the legal fiction in the criminal law should be applied within the scope of legislative fiction or in the scope of judicial fiction,there are differences of opinion.On the basis of the view that legal fiction in the criminal law should be limited to the scope of legislative fiction,further proposals for specific amendments are given.It is prophesied that in addition to legal fiction in the criminal law should be limited to the scope of legislative fiction,the subject should also be limited to the legislature.Even if the phenomenon of legal fiction in judicial interpretations is widespread nowadays,judicial organs will not naturally have the legitimacy to set up legal fiction.At the same time,we should also consider legislative procedures and legislative technical issues.The process of legislative reform and abolition must be reasonable and legal,with the core of improving the quality of legislation,and the implementation of procedural justice in order to achieve substantive and just results.We must adhere to the simultaneous implementation of legislation,reform,abolition,and interpretation.Not only must we be particularly rigorous in setting up legal fiction in the criminal law,but we must also ensure that the public participates in the legislative process of legal fiction in the criminal law.It is necessary to make accurate and detailed explanations of the legal fiction clauses in the criminal law to avoid difficulties and inconveniences in the understanding and application of the judicial organs caused by problems such as terminology.This can enhance the recognition of the fiction clauses in the criminal law and obtain better results.Be applicable.In addition,during and after the establishment,the review and interpretation of legal drafting in the criminal law should be strengthened,and follow-up interpretation and abolition should be done in a timely manner.