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Along with China social politics economy development, populace's democracy consciousness and respect for human right thought enhancement. The crime criminal law decides the principle to obtain takes seriously, increases unceasingly in the legislation, theoretically consummates day by day. The crime criminal law decides the principle moves toward the modernization in 97 criminal law establishments as well as judicature's realization regarding the Chinese government by law to have the decisive function, but our country present criminal law is clear about the gauge to determine guilt the criminal law to decide the principle, was only to solve the problem to provide a principled legal basis. This article the question which exists in the judicial practice carries on one on this principle to inquire about that seeks for the crux reason, based on this and realizes the crime criminal law to our country to propose surely corresponding deals with the means that from the judicial idea,