刑法注意规定废除论.pdf

Abstract ABSTRACT On the premise of criminal law requirements, the provision of attention in criminal law indicates that law makers attempt to remind law officials by means of suggestive items in case they may ignoreor mix up them.Among specific provisions ofcriminal law,it actually referstoalargenumber ofitemsin provisionsofattention, but their authentic effectsdeserve our adequateconsideration.In terms ofthe quality improvement of judges and public prosecutors, we notice the limited functions of those provisions of attention; what’s worse, it’s also urgent to consider their abolition.Theoretically speaking, we may abolish those provisions of attention, or the criminal will get exaggerated. What’s more, if these provisions can’t take into huge effects, then this will add some unnecessary burdens to criminal, which will definitely go against the efficiency of penal law. Meanwhile, judging it to be a provision of attention or legal fiction will influence its conviction and sentencing properly.Besides,provisionsofattention and legal fiction coexist with criminal laws, and they are similar in forms to some extent, which leads to confusion easily. Moreover, the lack of classifying standards between theory and practice in criminal will also put more responsibilities on the shoulders of judicial officers, thus the efficiency of justice may fall behind as well. In the aspect of judicial practice, the existence of provisions of attention may enhance criminal analogia. If so, it will do harm tothe authority of theprinciple of a legally prescribedpunishment.Therefore, we suggest the provision of attention be abolished so as to simplify the criminal law andto g