That ＂To take facts as the basis for judgement and the law as criterion＂ is a basic priciple in China＇s judicature. However, it may be difficult to put this principle specifically in case. In the activities of criminal judicature, . the facts of the case is made out by the judge while the criminal law to evaluate the facts is explained out. Hence, both the acknowledgement of facts and the explanation of law will certainly be affacted by the subjective factors. When the correctness of the facts and the application of law being questioned, the doubtful crimes come out. And the key point of doubtful crimes research is the context in which we talking about it. Criminal justice syllogism is the basic reasoning model, but the existence of doubtful crimes has put the model into crisis. In the process of deciding the minor premise, the doubtful crime on facts may come out including objective and subjective doubtful crime, while in the process of deciding the major premise, the doubtful crime on law may turn up. The ambiguity of concepts in criminal law , the competition of theories and the interaction between facts and the articles of criminal law are the basic reasons for doubtful crimes＇ coming out.
China Legal Science