Abstract: | The criminal law fiction is the fiction of legal effect, which is to evaluate A type''s fact with the constitutive requirements of crime A but to convict and punish it with the accusation and statutory sentence of crime B. It does not regard A type''s fact as B type''s fact and does not create new constitutive requirements for crime B. Except the fiction robbery of concealing the booty has legitimacy and necessity, the other fictions all have the problem of violating the principle of legality and substantive justice etc., so they should be abolished as soon as possible. According to the clarification of the provisions and the room for interpreting it as attention regulations, the criminal law fiction can be classified into expressively stipulated fiction, relatively obvious fiction, appearance similar fiction and explanatory fiction. Since most of the fiction clauses have the problem of violating the legality of crimes, substantive justice and accountability, the appearance of similar fiction and explanatory fiction should be interpreted as attention regulations to minimize the scope of the criminal law fiction. |