The Study of Criminal Law's Spirit of Judicial Logic——the Integrated Understanding of Criminal Law's Anterior Five Articles

Judicial logic is one kind of objective logics,and Criminal Law's spirit of judicial logic is also objective,which demands the understanding of contradiction between Criminal Law's spontaneity( internal nature) and nature of construction( externality). The first article is the quintessence of this spirit,in which the statements such asrelated withandin order toare the distinct reflections. In judicial logic,the prosecuting party leans to Criminal Law's externality according to the second article,while the accused party prefers Criminal Law's internal nature. The philosophical foundation to understand the third to the fifth article's judicial logic- statutory crime and punishment in Criminal Law is the internal theory's ontology and ignorance's epistemology. The key to achieve criminal justice is not Criminal Law's clarity,but of releasing control of dogmatism,the theory of image and externality,meanwhile,of discovering the path to criminal justice's judicial logic from inter- subjectivity,contextual theory and Criminal Law's internal nature.