On the Principle of Rationality in Criminal Law

The starting point of the principle of rationality and the principle of legality in Criminal law lies in necessary restrictions on the national right to carry out the penalty.In the modern theory of criminal law,the principle of legality reflects that the legitimacy constraints the criminal judicial discretion.However,there is such a certain lack in the principle of legality that the principle of rationality is needed.Under the legitimacy,the right to use penalty,legal and judicial interpretation and discretionary should be also necessary to reasonable restrictions to avoid the situation that there is only justice of form but not the real justice.