The Supreme People's Court's judicial explanation of "other crime" of surrender expel the same kind crime,which is harmful to theory and practice,in theory it violates the principle of legality and"expected possibility",in practice it is harmful not only to the defendants' self-correction,but also to the judicial efficiency and quality.
The value purport of the principle of legality, and the particularity of the text of criminal law deriving from whose restrict, are starting point of thecreation of the theory of interpretation of criminal law and the design ofinterpretation rule.
The constitution of crime in China is comprehensive which includes the behavior theory and the crime theory as a whole. But such comprehensive theory is difficult to fully realize the function to guarantee human rights that is required by principle of legality.
In the field of criminal jurisprudence,there is a viewpoint that according to the provisions about retroactivity,it can be directly inferred that criminal legislative interpretation and judicial interpretation must also follow the principle of "observing old laws and light punishment",or the principle of legally prescribed punishment for a specified crime would be violated.
what relationship is between the equality before criminal law with the principle of legally prescribed punishment and the principle of suiting responsibility and punishment to crime.
The theoretical base of the Principle of Legally Prescribed Punishment is the natural law theories by the contemporary enlightening ideologist and Psychological Compulsion Theory by Feuerbach, The Principle of Legally Prescribed Punishment has different contents in value in different periods.
With the establishment of market economy the Penalty Law of 1997 clearly established the Principle of Legally Prescribed Punishment, which is a great progress forward.
Achievement of duty the advance behavior only can be the legal duty,cannot be the moral duty, otherwise, can expand the crime scope,violates the crime punishment legal principle.