The characteristics of criminal law fiction includes presumptiveness of the fact, intention, irrevocability andlegality. Criminal law fiction has the positive functions of promoting the development of the criminal law, realizingcertain legislative policy or value, resolving the difficulty to make a final decision, simplifying our thinking wayand condensing the legislation. All these functions indicate that criminal law fiction is one of the important leg-islative techniques. In the meantime, criminal law fiction might excessively expand the legislative authority or im-moderately expand its epitaxy where applicable, resulting into the risk of undermining the substantive justice. Inorder to avoid the risk, with regard to the legislation, the application of criminal law fiction should adhere to theprinciple of equivalence of infringements on the legal interests and the necessity of applying the criminal law fic-tion. In term of judicial practice, the stipulations about criminal law fiction shall be applied in the light of therules of interpretation of considering the will of the legal norms and the equivalence of applying the article of crim-inal law fiction and the reference to general statutes.