Co-moving and Balance of Case and Dogma
Chen Wenhao;Tsinghua University;
The conclusion of case and dogma are not totally coincidental, but have strained relations. The judge should represent the social needs by the adjustment of dogma by explaining the law. Guiding cases should be divided into three categories: the clarity of standard; the explanation of components; the guidance of hard cases. In the situation of "the clarity of standard", the judge can supple and explain the components according to many factors. In the situation of ‘the explanation of components', the boundary of words should be considered, the law should be explained in the boundary of the principle of nulla poena sine lege. To the guidance of hard cases, the judge should consider the degree of accept of general people to correspond facts to specific charge.
【CateGory Index】： D914-4;G642