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摘要：This article is compiled by the author in the British criminal law general theory, "a book about the content to rewrite the and into. Some relevant theory, legislation and cases from the original author more for data collection and Chinese translation of, also have reference domestic scholars results, not another indicate the source.

e ethics violations and etiquette (contra bonos mores et decorum), what we all the principles of law to ban, throne, as the court public achieved total supervision, and the total defenders, responsible for restrictions and punishment." In 1801 king v. higgins, a case, judge Lawrence said: "the public nature of all crime has, that all tend to harm the behavior and attempt to shall be charged is."
Judicial legislation on the question of the typical case is the king's lawsuit in 1933) case. In the case, a man that she was a man robbed, and this man to be described in detail. Results the police wasted time to investigate the false charges, risking doubt and arrested a public that meets the accused members of the risk, she was found guilty of cause "impede public welfare" sin. She not legally appeal for this crime. Later her appeal had been rejected. Criminal appeals court ruled that the existence of a form of misdemeanor philanthropic prejudice, and a man's behavior are the sin. For the ruling, people give widely criticized, think it opens up a limited field of criminal responsibility. So in 1954 the king lawsuit newland case, Goddard said Lord insurance program is, don't again so the king's lawsuit case). "Now create new offences, affirmation is the legislation and judicial responsibilities is."

But that should be paid attention to is the king, and the king's lawsuit mann involved in behavior, is now in 1967 by the criminal act of the second paragraph of article 5 down: "if a person intentionally to anyone for false report, to show the crime happened, cause the waste of police work should be imposed prison.............................. or a fine"

Now, this debate continues. 1966 for shaw judgment in cases of a defense attorney is put forward, in essence is considered to be criminal behavior, the court has the right to take measures to maintain the moral welfare state. In 1975 the prosecutor v. wade case, the upper house makes clear that don't exist alone level 1 called "common cause against 'public sin'" criminal conspiracy, although for the criminal law has confirmed behavior may this statement. According to the d period of Kant's DiEr-horn close point, "the judge has no right to create new crime".

However, "judicial creation", especially the judge to modify existing crime scope and form of power, as always. For example, in 1980 the king lawsuit case of sol, guilty of prejudice about public crime charges (according to the 1977 "criminal law" article 1 item 1), think only of social proof the plaintiff is the danger of "potential" and not "realistic", and then established. The judge's main function may be "to the known the equity of the law applicable", but, as Radcliffe Lord points out, not before the applicable law, must be explained, and explain itself that is "creative activities". This is the sound of different legal punishment of socialism. It fully showed that British criminal law the influence of the traditional value. Although the road of the criminal law it twists and turns, it is the spirit is still traditional. Existing law does not apply application, enacted law is difficult to appear promptly, new happening crime and may not choose unique without decisions, judicial legislation gradually became arises at the historic moment remedy to creative interpretation本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。