The realization of the principle of legality

How to avoid the legal principle of crime and punishment has become the slogan, judgment method for the specification of follow the request of conviction. Conviction is basically a syllogism reasoning process. The major premise is the law (constitution), the minor premise is the facts of the case, the conclusion is guilty. But in practice, often mistake is reversed, the major premise and the minor premise, the facts of the case as the premise, the constitutive requirements of the legal provisions of the minor premise.For example, a unit of electricity theft. Practice has such reasoning: This is the unit of theft (premise), criminal law doesn't stipulate the unit can become the subject of crime of theft (minor), so the case should be guilty.

The correct inference should be: the provisions of the criminal law of the natural person crime (premise), a unit of organization of theft of electric power, the existence of natural person steal power behavior (minor premise), the natural person (the unit directly responsible unit) with elements of theft, theft. Some people may think, the directly responsible personnel units do not have the purpose of illegal possession, therefore does not constitute the crime of theft. In fact, the purpose of illegal possession of theft is not limited to my possession, including possession for the other third people. For example, a to B the illegal possession of property, theft of C, and then sent to the B. A still constitute the crime of theft.