Criminal Methodology and Judicial Logic

While it is necessary to tackle the problem of wrong sentence from the perspective of procedural law,evidence and judicial reform,substantive law is indeed of the same importance in prevention of wrong sentence.An adequate theoretic framework of criminal substantive law must compose of rationality of methodology and judicial regularity and logic,conduce to settling certain judicial conundrums,and ultimately reach the target of human rights protection.To prevent wrong sentence,we must hold a position of criminal objectivism with which criminal methodology and relevant judicial logic will be cultivated.An inherent consistency and uniformity exists in respect of the basic position of criminal law,criminal methodology and criminal justice logic.As such,the four-element-of-crime theory popular in China is required to be improved so as to establish the central and prior position of the objective elements in the structure of criminology and change the original decision based on subjectivism into decision on objectivism,which will inevitably exert positive impact upon the formation of rational judicial logic.