Study on the Relationship between Social Structure of a Criminal Case and the Principle of Legality

The social structure of a criminal case has essential effects on the process of the criminal justice, but these effects may conflict with the principle of legality. The ideas which deny the social structure are not reasonable, which consider the legality principle as the "Golden Rule". By contrast, it is wise to acknowledge the limitation of the principle of legality and construct a measure that the social structure could set boundaries for the principle. The measure is the basis for the judiciary use of the legality principle, which is approved by ECtHR recently.