摘要
Judgment of fact should be made prior to judgment of value in determining whether an act constitutes a crime.This is reflected in the crime constitution theory both in Continental Law System and Anglo-American Law System. However,the following defects exist in Chinese crime constitution theory: (1) judgment of fact is made simultaneously with the judgment of value; (2) judgment of value is prematurely preceded; (3) principles are considered without exceptions; and (4) factual conviction is focused without defense. To improve the theory, it’s necessary to raise the proposition of “’fact’—’value’ should be combined at different levels” in the process of criminating, so that the essence of crime, process of crime and it’s conviction can be fully reflected in our crime constitution theory.
Judgment of fact should be made prior to judgment of value in determining whether an act constitutes a crime.This is reflected in the crime constitution theory both in Continental Law System and Anglo-American Law System. However,the following defects exist in Chinese crime constitution theory: (1) judgment of fact is made simultaneously with the judgment of value; (2) judgment of value is prematurely preceded; (3) principles are considered without exceptions; and (4) factual conviction is focused without defense. To improve the theory, it's necessary to raise the proposition of “'fact'—'value' should be combined at different levels” in the process of criminating, so that the essence of crime, process of crime and it's conviction can be fully reflected in our crime constitution theory.
出处
《环球法律评论》
2003年第128期296-302,共7页
Global Law Review
