Along with China social politics economy development, populace's democracy consciousness and respect for human right thought enhancement. The crime criminal law decides the principle to obtain takes seriously, increases unceasingly in the legislation, theoretically consummates day by day. The crime criminal law decides the principle moves toward the modernization in 97 criminal law establishments as well as judicature's realization regarding the Chinese government by law to have the decisive function, but our country present criminal law is clear about the gauge to determine guilt the criminal law to decide the principle, was only to solve the problem to provide a principled legal basis. This article the question which exists in the judicial practice carries on one on this principle to inquire about that seeks for the crux reason, based on this and realizes the crime criminal law to our country to propose surely corresponding deals with the means that from the judicial idea, the legislation consummates, the judicial operation and judge the professional quality enhances the isogonism to carry on the analysis, thus guaranteed that the crime criminal law decides the principle to be able to realize in the criminal justice work.
[key word] the crime criminal law decides; Judicature; Jurisdiction independence; Optimized system
As China's social economic development, people's democratic consciousness and the strengthening of respect for human rights thinking. The principle of legality has been attached great importance to increasing in the Legislative, the improvement in theory. The principle of legality in criminal law on the establishment of 97 as well as the realization of justice and the rule of law for the modernization of China has a decisive role, while China's current criminal law clearly stipulates the principle of legality, but to solve the problem in principle provides a legal basis. In this paper, the principle of judicial practice on the problems in conducting a search to find the crux of the reasons, on the basis of the statutory crime of China's realization of the corresponding response from the judicial, legislative improve the functioning of the judiciary and judges to enhance professional quality such as point of view, so as to ensure that the principle of legality in criminal justice can be achieved.