Economic analysis of criminal law

                                   -- from the point of view of cost and benefit

Economic analysis of criminal law, is on the application of microeconomic concepts, theories, methods to explore, study on criminal law theory and concrete criminal problems, in order to realize criminal cost in the best, the minimum level, while the criminal law benefit best, the greatest purpose theory. The core of the problem is the requirement of national investment law cost optimal especially crime, penalty cost, in order to get the best benefit of criminal law, not criminal law criminal law regardless of cost, benefit pursuing elusive or simply cannot be achieved.[2]

One, the cost of criminal law

To human survival and development, must produce, and "production is put into production process". Investment (cost) is the premise of output (benefit). Since 1960 USA economist Kos published the famous "the problem of social cost" after one article, a study on the legal problems by means of economics thoughts in the law circle, and then formed a law and economics as a new discipline. The core idea of law and Economics: Law shall include the value goal in the economics, legal rights should be allocated to a minimum cost for the biggest benefit one party.[3]The economic analysis of law, all legal activities and all the legal system, has an effective use of resources, the allocation of resources, to reduce the transaction cost of legal operation, so as to obtain a larger income problem. The formulation and implementation of the criminal law is no exception. The production of criminal law will inevitably generate criminal cost. To establish a criminal code, small to solve a specific criminal legal compliance, a specific criminal disputes, to the society especially the criminal legislative body caused by a large number of direct and indirect costs.

The criminal law theory of economic analysis is valid and necessary, the key lies in the criminal law has the cost of crime, has the objective reality and the penalty cost relative with the. In general, the criminal law benefit main performance for the prevention and punishment of the crime, the social order is good. And made the effectiveness of criminal law depends on the cost of the criminal law.

(a) the meaning of criminal law cost

The cost of Criminal Law refers to the payment of the criminal law system of the dynamic process of all costs and expenses. This description of the charge, ranging from static to dynamic operation system, from the surface to the deep psychological facilities. It includes in the legislative, judicial, law enforcement, law-abiding legal process, the parties for the realization of the right to exercise the rights, powers, duties and responsibilities, the cost of manpower, material resources, financial resources and time, information resources.[4]

The cost of criminal law, as the legal cost in the department law terms, is derived from the concept of production cost in the cost of production, is a simulation in the criminal law that law, but the criminal cost and the general sense of the cost of production is different.

There are similarities between criminal law and the general commodity production, have a certain human and material inputs, which enlightens us with the production cost, put forward the concept of "cost" of the criminal law. Its significance lies in: the criminal laws, regulations, rules and regulations of the makers and consumers pay close attention to the criminal legal input and output ratio, the rational allocation and utilization of resources to reduce the cost of the criminal law, criminal law, criminal law efficiency. The cost of criminal law in the nature of the transaction cost, then, the criminal law is non productive cost. In fact, the distinction between root criminal cost and production cost, criminal activities and production activities to their object of study. We already know, the object of production activities is the nature, object of criminal activities is people. Thus, the production activities in theory alone, and criminal activity only in the more than two people or two people can occur. Production is a kind of material activities, is more explicit material content and mode of motion, comparison, determine its cost structure and cost level, and generally displays as material form, therefore, the production cost is easy for people to perceive, understand and grasp; but the criminal law is a legal norm, is different from the production, formulation and the operation of the criminal law as a process of social movement of people, the activity contents and ways and is easily affected by many non legal factors, has a large degree of uncertainty, which determines its cost structure and cost level showed a certain degree of volatility. But, in the criminal cost and has many contents, factors to the nonphysical as its representation, which is not easy to grasp for people, understanding and perception, which is different from the general production cost.[5]

The criminal law as a legal norm, its formulation and implementation is as a social movement process of people's activities, the content and form of activity is easily affected by the non legal factors, the criminal law in cost concept extension of uncertainty, it is difficult to model definition and give accurate, has largely not. The criminal activities of the uncertainty and complexity. In the final analysis, is the change of criminal law cost and difficult to measure decision. In short, the cost of criminal law is produced in the process of social activities of people in complicated cost, which is composed of social relations, especially the decision aspects and degree of development of the criminal law and combining ways, there is a great difference and production cost. The cost of criminal law, some directly on the outside, some hidden; some can be measured, and some to the future can be measured;, some represented by some property loss some more performance for the whole society to bear the price. As long as we think about the punishment of crime of "social harmfulness" difficult to quantify, energy and personality humiliation is not easy to measure, not easily divided. You can know it is difficult to grasp the criminal cost. In addition, the process of creation and implementation of the criminal law (link) is relatively long, is related to many factors, statistical data is not complete, is the cause of the criminal law cost difficult rigorous econometric analysis of important factors. The criminal law is not easy to measure the cost, can not make people grasp precisely, it is easy to form a waste of law resources.[6]Because the criminal law cost uncertainty, it is difficult to in the criminal law system in many choose to find the minimum cost maximum benefits, the most in line with the principle of efficiency of criminal legislation and enforcement mechanisms. However, in some sense, activities of criminal law and production but also has a certain degree of similarity, the "product" is confirmed in the criminal subject and criminal law under the condition of different legal relationship of rights and obligations of relative person, the realization of social justice, benefit. In this sense, criminal cost refers to the penal code to the community to provide "justice", "efficiency" and "order" and other public products in the course of the operation, the relationship between the state and society the main practical effect of combination of various expenses and investment and its production, including material and immaterial form.

(two) the classification of criminal cost

Different classification of cost of criminal law, the most intuitive is the cost of legislation of criminal law and the implementation of cost.

The cost of legislation, the criminal law 1

The cost of the legislation of Criminal Law refers to the total cost of countries to develop, modify, abolishment of criminal law in the process of the expenditure, including direct costs and indirect costs.

According to economic theory, decision makers are rational, which also includes the criminal legislation. The legislation of criminal law is not only a political act, the legislation and judicial, law must then consumption of social resources, bring certain benefits (or no income), therefore, the effective allocation of criminal law, legislative inevitably involves the social resources so, legislation in this sense is a kind of economic activity. Only use "economics method of cost -- benefit" to the criminal legislation is analyzed, in order to ensure the criminal legislation to formulate scientific and efficient operation, make the best meet the needs of the national economic and social development. The cost of criminal legislation of criminal law can be regarded as the acquisition cost of power. Legal authorization is the legal guarantee of criminal law power operation, survey research, drafting a law draft, organize experts to discuss, listen to opposite party opinion, authority for review and consideration, release, executive organs in the implementation of other links to the legislative process, cost is required at the same time, because of course; incomplete information and asymmetric, the legislation of criminal law may be hidden cost to bring criminal subject, which occurred during the implementation of the There's no telling the interests of the loss in the later, such as the so-called "legal loopholes in common".

The criminal legislation is the process of institutional innovation. Process innovation this system includes both the creation of new criminal law system, including the legal system of the old criminal inheritance. Inheriting the old criminal legal system cost, including the rational analysis on the legal system of the old criminal, analysis of the legal system and the new criminal is not compatible with each other, and to evaluate these old criminal legal system of social effect. To create a new system of criminal law, the investment cost is huge. It costs: (1 of all people) for criminal legislation to pay the cost of the other, namely the criminal legislation of wage, welfare, office and the maintenance of criminal legislation of criminal law legislative activities must cost ; (2) to collect the data, information, research and seek advice by the expenditure of all costs; (3) the law. (4) considered the draft legislation cost. (5) produced and released criminal statute text costs. Wait. Indirect costs are mainly: (1 full implementation of the method) for payment; (2) for the implementation of a law and the corresponding formulation of laws, regulations, rules and regulations coordination costs; (payment related to view 3) for publicizing the law, interpretation and all expenses (4;) the legal education; (5) the law. Wait.

2, the implementation cost of the criminal law.

The criminal law as a system arrangement, is a kind of affirmation to the existing criminal relationship or maintenance. And a new criminal law issued or the old criminal law amendment and repeal of the countries has transformed to the evaluation of criminal interests arrangements of the past, it will cause the current pattern of the interests of the re adjustment and development. The implementation of criminal law is to economically and reasonably applied to the social life in the criminal law, criminal legal relation reality, in order to achieve the purpose of criminal law makers. From the perspective of economics, the implementation of criminal law includes criminal enforcement, judicial, law-abiding activities. However, "the law alone is not enough", the implementation of criminal law have to pay a certain price, this price is human, financial, material consumption. If the above factors into our research field of vision of criminal law implementation costs, implementation costs of criminal law will define a system structure or pattern of interests for the country and the cost of manpower, material and financial resources. Its contents are: (1 operation) to maintain the normal implementation of the national criminal law agency cost, legal supervision, such as the judiciary, law enforcement agencies, the office expenses paid; criminal law once it takes effect, the state will be the organization and personnel needed to guarantee its effective implementation can be comply with the above, must have cost, thus. (2) to eliminate the old system, changing people's habits and resistance to change. The implementation of a new criminal law as to the criminal legal relationship of the parties interests change or reconstruction, there is always some people's interests are absolute or relative effect, which will lead to these people to resist or oppose, they may use their position or power to obstruct the implementation of the law, to remove this country some people, and their various forms of propaganda, persuasion, and even some cost compensation. (3) from the public and private investment. As a party to the case payment of money and labor, such as the burden of proof, attorney fees etc.. And illegal private cost to pay, such as payment of compensation, payment of fines and law-abiding cost etc.. It must be pointed out that the new system is, the people identified in compliance with the new criminal law of arrangement is not without cost or benefit to give up, so these spending or interest to give up constitutes criminal law compliance costs.[7](4) the cost of justice. Refer to the criminal responsibility shall be investigated for criminal and the cost of manpower, material and financial resources, specific and can be divided into criminal investigation, prosecution, trial, execution cost links, it is necessary to use the dominant cost expenditure process of criminal law legislation by underlying, implicit, general cost state to the actual, to gets the benefit of cost. Mainly to punish the crime cost and execution cost.

Although criminal cost and has an uncertain and difficult to measure, but the cost of criminal law is generally regular. Such as, to better reflect the social needs and interests, habits of the criminal provisions of the related costs are relatively low, such as the legal nature of crime. National mandatory provision of criminal law, the cost is relatively high, such as the legal fiction of crime, also called legal crime; criminal cost and individual rationality, personal interests preference consistent low, emphasize the collective rationality, social rationality of high cost; compatible with national cultural tradition and law consciousness, informal norms as a supplement low cost, high cost and the law. In addition, the criminal legal structure is not reasonable, legal supply contents are not scientific caused by the relative excess will lead to increased cost of comprehensive criminal law.

Two, the effect of criminal law

Cost analysis is always cannot do without profit or benefit analysis. All the rights prescribed in the process of formulation and implementation of the criminal law is the criminal law in the configuration process in correlation between subjects. The core benefit analysis of the criminal law, criminal law lies in itself is to meet the need of adjustment of interests and produce, its change and development is rooted in the change and development requests people interests in different periods. In this sense, law of interests is the basis of law, criminal law is essentially an interest system. The criminal law is a kind of scarce resources, efficient allocation of the rights, obligations, responsibilities, can lead to actual people's interests, "the benefit, law". The substantive activities is the rights and obligations under the shelter of interest transaction. The empirical analysis to the benefit of law, is to find the rational behavior of individual and the expected benefit is consistent, and the effective allocation of the social resources run parallel. This process, similar to that in a variety of constraints to solve the problem of "extreme". If the legal environment (conditions of time and space, ideology etc.) remain unchanged, as far as possible to the law based on the evaluation of low cost and high efficiency standards, we found that, the supply of law products the most efficient is to enable individuals to marginal rate of substitution (demand) combined with law making marginal cost (output per unit increase in law the consumption of equal value).[8]The criminal law benefit is no exception, is also a kind of extreme solution process.

(a) the meaning of criminal law benefit

Criminal proceeds, refers to the criminal law on the rights, obligations, responsibilities, confirm the distribution of relief, to promote the optimal allocation of social resources, to meet the maximum needs and interests of the subjects of the criminal legal relationship, the concept of criminal law and criminal law principle sum and promote social public life more efficiency.[9]It starts from the cost and benefit of criminal law proportion, with the best least criminal cost, especially the least criminal law itself cost, obtain the best profit.

With the full penetration and influence of the criminal law on social and economic life is strengthened, efficiency of criminal law more and more by the criminal law circles. The effect of criminal law legislative, judicial, broad term used to refer to the enforcement of the law and the process of creating all net income. The effect of criminal law in the sense of economics from the view of Criminal Law refers to the cost and the income proportion, to criminal cost minimum input, maximum benefit, get the best. The effect of criminal law consists of two basic elements: (1 cost) of criminal law. The various required in implementation can obtain the legislator subjective pursuit of the objectives of the choices of the different amount of criminal cost, criminal cost to choose the most effective, the most reasonable investment, make the criminal law cost can be used effectively, but not the criminal cost input insufficient or excess. Therefore, the quality cost minimization into criminal law is able to make the legislator subjective pursuit to realize that the criminal law costs required for the most effective, a small amount of input. (2) lawmakers goal, to maximize the objective. That is to say, the criminal law is to save cost, but save the cost must be controlled in the criminal law does not interfere with the legislation of subjective pursuit of the goal on the objective of criminal law, save cost premise but effective realization to the.[10]

Through the above analysis of simple, get the best benefit, criminal law lies in: reasonably determine the most effective, the most amount of criminal cost and determine the realization of legislator subjective pursuit of the best, the biggest benefit limit. The criminal law benefit more complex composition, analysis from the perspective of the legal system, mainly has the benefit of criminal legislation, criminal law implementation benefits. Benefit of criminal legislation refers to the general criminal laws, rules and regulations formulated and promulgated the time benefits, social benefits and so on. The criminal legislation benefits associated with the cost of legislation. The enforcement of criminal law is a general term of criminal judicial efficiency benefit, criminal law enforcement efficiency, abide by the criminal laws and regulations benefits people get in the implementation of the criminal law. It is related to the effective implementation of the criminal law for the cost of.

(two) reflect the effectiveness of criminal law

1 monitoring the criminal law power, protecting the relative people's legitimate rights and interests

Through the criminal law itself cost input, correction of criminal law power behavior illegal or improper, make the criminal law power can be run in the legal, proper orbit. This correction is mainly manifested in the criminal law, the prohibition of abuse of power, the deadline to fulfill any cancellation, re made to protect the relative people's legitimate rights and interests, or to have infringed the relative person's legitimate rights and interests for the restoration and remediation. Through the criminal law itself the cost of inputs, namely through the criminal legislation of criminal violations of a series of and the corresponding correction degree, make the criminal violations due punishment, and bear the corresponding legal responsibility.

2, punish the violation of criminal law, the prevention of criminal law.

Through the criminal law the investment costs, given the implementation of serious harm the social behavior constituted a crime to punishment. The criminal violations are effectively prevent. These criminal penalties including limit or deprive criminals of their personal freedom, deprived of their political rights, deprived of their property rights and even deprived of their right to life. The criminal legislation of a series of violation of criminal law and the criminal sanctions, the criminal enforcement, judicial actual harm the social behavior and the act of giving people the corresponding criminal sanctions, the harm behavior criminal violations of the negative evaluation and condemn or pay the mental cost. The punishment for criminal offenders is the most direct, although criminal law first level of benefits, but the benefits of criminal law is not only to punish acts of violation of criminal law itself, but primarily through the actual punishment for violations of the in order to prevent the illegal act, to regulate, prevent the criminal authorities and personnel illegal breach of privilege, this is the criminal law second levels of performance. The prevention of crime, it is the main benefit of criminal law. In the act constitutes a crime against that human behavior and corresponding criminal sanctions, the actual made to prevent the criminal himself again and keep the other person on the society effect of crime.

3, the fundamental benefit.

Through the criminal law the investment costs, in the actual punishment criminal violations, prevent the criminal illegal benefits based on the actual realization, the organic unity of political benefit, economic benefit and social benefit.

A progressive relationship between three kinds of benefits above, which constitute the system of benefit of an internal closely. The punishment of the crime is the criminal law of the most direct, the first level of benefits; based on actual get punishment of offenders benefit, then crime prevention second levels of benefit; based on the actual get punish criminals, crime prevention benefits, the fundamental benefits of the criminal law, even if the three are national, social, personal the benefits of effective protection of the actual reasonable.

Three, how to reduce the cost and improve the operation efficiency of criminal law criminal law

(a) the relationship between the two

The relationship between cost and effect of Criminal Law refers to the relationship between criminal law and criminal law benefit costs of the level of. The following relationship: (1 objective) criminal cost necessary is to obtain the effectiveness of criminal law. As the enterprises to obtain profits must be put into production cost, lawmakers to get the benefit of criminal law, criminal law must also invest cost. No criminal cost inputs, the harm the social behavior can not be regarded as a violation of the criminal law, the more impossible to give the corresponding criminal sanctions. In violation of the criminal law and the behavior of people is not punished, but also prevent no crime, the fundamental benefits should not say criminal law realization. Therefore, no criminal cost, obtain will not have the effectiveness of criminal law. (2) the most reasonable, the most amount of criminal cost, criminal law benefits are conducive to the maximum. That is to say, the criminal law reasonable cost input is sufficient and necessary conditions to obtain best benefit of criminal law. Lawmakers to get the best benefit of criminal law, must make their own investment costs at a reasonable level. The criminal law this scarce resources effectively configuration. (3) the cost of criminal law deficiency or excess for lawmakers to subjective goals will not.[11]Inadequate criminal cost, not only the expected benefit of legislators, the judiciary can not be achieved, but also result in the social costs of unnecessary expensive. The cost of excess of criminal law, anticipated benefit lawmakers objectively may be achieved, but the excess part of criminal law in criminal law benefit cost of legislation, law enforcement and judicial acquired objectively, without any meaning, and for the whole society is a pure waste of a resource, is The loss outweighs the gain.. In short, there is no absolute relationship between cost and effect of criminal law, there is no criminal cost less or more criminal efficiency output less or more or purely positive or inversely proportional relationship and the key lies in the minimum cost level control in the premise of criminal law can make the maximum benefit of the criminal law to achieve the. The key lies in our holding cost and benefit allocation of criminal law "degree".

(two) improve the operation mechanism of criminal law, improve the operation efficiency of criminal law

Generally speaking, the direct effects and the internal and external factors of the criminal law of our country cost many, this is the first by the decision process complexity implementation of criminal law power of this premise and violates the criminal law, behavior management. Broadly speaking, the following factors: the level of productivity, ownership structure, market development degree, criminal law practice condition, degree of modernization of the government, government failure, cultural and historical factors, external environment.[12]The negative influence from the point of view, cultural and historical factors constitute the recessive resistance system reform, institutional change and economic development, to a certain extent, affected the efficiency of the government of the criminal law, criminal subject and increase their invalid criminal cost. In a word, pay attention to the criminal law of cost, can help the government to improve the implementation efficiency of criminal law and criminal law effect, realize the party and the government is the faithful representative of the fundamental interests of the broadest masses.

1, control the quantity and quality, focused on the development of basic criminal law.

From the crime with a minimum of existence rationality, control objectives and control the scope of criminal law science. Prevents inert criminal involvement in social life caused by excessive criminal impudent and intervention in social life caused by lack of criminal law. Bodenheimer once said: "requires the use of mandatory sanctions law less, more can better realize the consolidation of social peace and harmony in the objective."[13]American scholar Husak once said: "for not criminal behavior given criminal punishment is cruel and unfair punishment."[14]The real purpose of criminal law is to protect the rights and interests of social life, and the expansion of freedom, is to find out the rights of members in society, efforts to achieve "have been adjusted from the largest to the smallest, the mechanism of the social system will, so that human behavior is not always good for the repression of the deterrence is imperceptibly guide of non criminal track at a minimum, as easily violence nuisance and illegal opportunity condition, develop their abilities and meet individual need to leave sufficient room."[15]The criminal law is one of the most severe sanctions and difficult to remedy, we should stick to its austerity, namely the introverted, complementary, economy, therefore to criminal law regulation scope and objectives identified in the necessary level, both to prevent the atrophy of the regulation range, more to prevent the wanton expansion. Goldin said: "the penalty exceeds the limits of necessity is the perpetrators of brutal, the penalty is not up to the extent necessary to unprotected public cruel, but also to have suffered waste."[16]Marx said: "blindly emphasizes the torture, not considering the cruel means any difference, can only make the punishment without effect."[17]Montesquieu pointed out: "everything is not as necessary and application of punishment are oppressive".[18]

So the number and grade of criminal law in China should adapt to the productivity and ownership. Productivity especially the degree of the socialized production indirectly determines the government's intervention in economic life and regulate the degree, will decide the scale of the cost of the criminal law. Development in the market economy the appropriate criminal cost depends, government intervention and market mechanism is the means of resource allocation, excluding the impact of market failure and government failure, market mechanism is more perfect, the government intervention of criminal law is more redundant, too much of the criminal law into the expenditure is not appropriate. The government behavior has the counter force to the development of productive forces and production relations, the regulation is an important content of the criminal cost, so the government intervention only to meet the demands of the development of productivity, and can keep the relations of production for the productive adaptability, its cost is appropriate, then the government intervention is effective[19]. Under the planned economic system to market economic changes brought about the change of ownership structure, will lead to criminal cost form, content and structure change. So the number and grade must adapt the development of criminal law, the criminal law can reduce the cost, improve the operation efficiency of the criminal law.

In addition, control the number and grade of criminal law, to abandon the "than not good, less good than law law, legislation idea fast than slow legislation legislation". In recent years, both the central government and the local government in legislation, judicial interpretation of criminal large-scale, with unprecedented growth in the number of criminal law, especially criminal law regulations more rapidly advancing trend. Many should not be brought into the adjustment object of the criminal law act, through coercive means into the category of criminal law management. The "criminal law" regulation, the generalization "expansion" of the criminal structure unbalance phenomenon, greatly increases the cost of the legislation of criminal law enforcement. At the same time, in the grade, to strengthen the criminal legislative constraints, the end of the criminal legislation of anomie, disorderly situation. China's people's Congress and its Standing Committee to strengthen the supervision of judicial interpretation, promoting the democratic and scientific legislation. So it is necessary to the basic law as the focus, the basic criminal law more instead of too many separate criminal laws and judicial interpretations.

2, to maintain coordination and legislation and the implementation of the criminal law, the criminal law implementation benefit is higher than the cost of the criminal law.

Lawmakers are not only the development of criminal law, regardless of the actual execution of the criminal law and its implementation effect. Legislators should consider whether it is necessary to formulate and promulgate a separate criminal law, whether the single criminal regulations are ineffective, what effect and how much utility. We should avoid making some causes certain after the introduction but not in real life force, causing high market transaction costs, and spreads or even no income, for the parties is The loss outweighs the gain. of regulations. Therefore, in the matter of the criminal legislation of major, must advance possible income and expenses and economic impact on the implementation of the new regulations were analyzed, only in the demonstration implementation income higher than the cost of the case, was suitable for legislation. In addition, the legislators should also consider the criminal main body bear ability, choose to implement the timing of criminal law.

3, to break local protectionism, departmental interests, norms of criminal law power operation, cost savings

  Due to local protectionism, department interests and other reasons, causing disruption of criminal legislation or law enforcement. For example, because of the influence of local protectionism, department interests and other reasons, in the implementation of product quality law punishment of counterfeit products, "fake" could become "false". So, in order to guarantee the product quality law implementation, "fake" needs certain cost, expenditure necessary expenses, and investigate and deal with "false" and have to spend the unnecessary cost.

Norms of criminal law power operation, improve the efficiency and effectiveness of criminal law, the protection of the legitimate interests of the relative party is the value orientation of criminal law. 80 20 century since the 1990s, China's criminal law has made considerable development, to control and to reduce cost of crucial role in criminal law. But we should see, the criminal legislation of our country in general is still relatively backward, the law often ignore provisions of the procedural requirements of criminal law, for arbitrary left an opportunity[20]At the same time as specified; blank counts, pocket crime, is bound to bring criminal law criminal cost extra, even rent seeking. It is difficult to obtain criminal cost scale control system for.

4, saving the use of the limited resources of the criminal law.

Criminal law resources in China are very limited, for a long time, the criminal activities of political factors, policy involved too much to promote, compared with developed political resources, national investment in the criminal law is very limited. At present, facing a period of rapid development of nation building, facing the challenge of WTO, to strengthen the criminal legislation and effective implementation of the criminal law, the state must be of limited resources, balance and distribution between legal input and economic investment. Such as: pay attention to local resources mining law. China is a long history of civilization, a large variety of "spontaneous" rules and order exists in the society, these rules and order can not be found in the legal scale, but it is for the society's influence is no less than criminal law. We should do our best to make these rules and order form a good interactive relationship and criminal law. The formation of criminal case to a certain extent, also can reduce the cost of the criminal law. This is Posner "according to precedent principle" of economic value. Posner said: "in the preceding example a recent field number, litigation rate will be lower, and there exist a lot of information --, numerous precedents will cause legal disputes on the trial may result in the formation of a more consistent estimation."[21]Therefore, criminal case can play a role in replacing criminal law in a certain extent.

5, to strengthen the criminal law publicity and education, improve public cultural quality and psychological quality.

Running in the contemporary social background of the criminal law, and ideology traditional compatibility. Active criminal law legal consciousness can save cost, promote the benign operation of criminal law. The main cultural quality, psychological quality is higher, the enforcement of criminal law's effect is good, relatively speaking, the implementation of cost of criminal law can be reduced, the natural benefits is good.