Based on the tradition of Chinese hsing,judicial organs execute phunishment according to the criminal law.The judiciary handles various kinds of criminal cases mainly in conformity with basic principles requlated by Constitutional Law,the Code of Criminal Law and other criminal requlatsions.The sixth article of the Code of Criminal procedure States that the iudge iS to take the fact as a basis and the law as a criterion.This is the principle for transacting cases in the Peopoe’S Republic of China.The Supreme Peopoe’s Court of P.R.of China carefully summarizes cases as a refeFence for handling future cases,but the decisions have no binding effects on any case or over any court.This method shows that each level of the People’s Court obeys dialectical materialism and historical materialism in the trial process.The cohesion and unity of the Chinese nation determines that people in China Shall execute the universal law.Handling cases in conformity with leqal provisions iS a socialist legal tradition with Chinese characteristics.This paper puts an emphasis on five topics that can interpret the Chinese leqal System,especially Chinese criminallaw.
　1.The significance of academic thought in the formation and development of law.
　Reliqion has not played any part in the formation and development of Chinese law，but academic thought has played an important part in the drafting and execution of law.This is because in China religion has been separated from politics since arcient time.All of the peoples of China(of which there are more than 50 different ethnic groups)are allowed the free dom to adhere to or abstain from a religion，and no organization or individual may interfere with thiS freedom.Thus,it is unimaginable that religion can affect State legislation and the judiciary,and there were no exceptions to this even under the ancient Yuan dynasty and the Zhanq autonomous reqion which adhered to Buddhism.However，academiC thought always plays an important part in the draftinq and execution of law.

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