Reflection and prospects of the amendments to the Criminal Law Amendment
September 09, 2020 09:16 Source: "China Social Sciences" September 9, 2020 Total Issue 2007 Author: Lin Leming

my country's current criminal law (referred to as "97 Criminal Law") since its implementation in 1997,Facing social development and changes,Early, a one -line criminal law was introduced (the sixth meeting of the 6th meeting of the 9th National People's Congress of the National People's Congress on December 29, 1998、Decision of Escape and illegal trading foreign exchange crimes "),After the revision is completed by the amendment,,So far, I have passed ten amendments to the Criminal Law,"Criminal Law Amendment (11) Draft" is under discussion。Looking back at history,The amendment to the Criminal Law in my country is excessive frequent in the criminal law、Lack of overall planning and general rules is not enough to coordinate。The crux of these problems lies in the past revision mode of criminal law in my country。Criminal Law Circles usually refer to the Criminal Law of the People's Republic of China as the Criminal Code,The origin of the criminal law includes the criminal code、Single Criminal Law、Affiliated Criminal Law,my country does not have a real affiliated criminal law。Therefore, the amendment of my country's criminal law can be summarized as a single criminal code for maintenance、Amendment to the Criminal Code only through the amendments to the Criminal Law。

bet365 Play online games First,Criminal Code as an important basic law of the country,It should have been stable,It is impossible to revise frequently,The method of "patching" through the amendment of the Criminal Law has great concealment and confusion,Makes the criminal codes that seem to be stable, but keep changing。Originally,The amendment to the Criminal Law Amendment is the Criterial Code,But it is easy to give people a feeling in form,The criminal code has not changed,Just a few more amendments; more amendments will not change the status of the criminal codes alone,Instead, it will only make the Creation Code more stable。The seemingly false stability and the actual revision of the actual revolution on the surface,It is easy to inadvertently destroy the stability of the Criminal Code。Next,Amendment was originally "patch",The local modification of the Criminal Code,It is unlikely to have a unified planning; especially for each amend,I don’t pay much attention to the amendments to the previous amendment,I will not predict how the next amendment will be modified。This natural narrow perspective must not have long -term vision and overall plan,Only with the development of society、The emergence of new problems and passive legislation due to incident,endless。Last,Since it is the "patches" of legislation,Criminal Law Amendment will naturally only pay attention to the one of the Criminal Code。General rules of the general rules of the Criminal Law,More Bet365 app download general、Partial principles,and the criminal law score stipulates specific crimes,More practical、Partial specific。Regulations on the general rules do not change for a long time or usually will not affect applicable,But the provisions of the scores are easy to disconnect with reality if it is not changed for a long time、Impact。So,The focus and force of the amendment will naturally be in the division,Therefore, to a large extent ignore the general rules,Uncoordinated from revised between the two。

For my country's future criminal law revision mode,There are different claims in the criminal law industry,In summary, there are two main points of view: a factional view advocates future criminal law amendments to be adhered to the original unified criminal code mode,While continuing to adopt the amendment to the Criminal Law,It should also make a comprehensive amendment to the Criminal Code in a timely manner; the other opinion believes that it should abandon a single criminal code mode,Amendments to the Criminal Law Amendment with a variety of legal roots。There are different views inside the second point of view: some scholars advocate the use of criminal code、Single Criminal Law、Criminal legislative mode of parallel criminal law affiliated; some scholars advocate the use of criminal code、Single Criminal Law、Affiliated Criminal Law、Disposable criminal legislative models with parallel criminal laws; some scholars advocate the use of the Criminal Code as the core、Criminal Legislative Model with Light Crime Law。

Combined analysis,The author agrees with the Bet365 app download revision of my country's criminal law in the future.,Change to decentralized、Models of multiple legal roots。Specifically,Future Criminal Law Amendments should take the Criminal Code、Single criminal law and light criminal law mode。

bet365 Play online games First,Criminal Code as the most basic of the entire criminal law legislative system、The most important part,Respect in the core position,At the same time, we must pay attention to its stability,It should not be revised frequently,Eliminate the suspect of changing the order of the order。The general principle of the criminal code stipulates the general principles of the common applications of various criminal law、Rules; the part should only specify the conventional type、More serious crimes and their punishment,It is not advisable to continue to expand it in the future,Instead, you should consider "reduced burden" in moderation,and should establish a strict revision procedure,Don't make changes easily。

2,Future Single Criminal Law should not be provided for a specific problem as it is,Instead of being independent of crimes and punishments in special fields,Make a concentrated type of types。For example,Military Criminal Law is different from general criminal law regulations,It can be independent of the military criminal law (that is, chapter 7 and tenth chapter of the seventh and tenth) in the existing criminal code。Future crimes against environmental、Crime crimes and other issues can also be considered as specified Bet365 lotto review by the method of one -line criminal law。

third,The formulation of the "Light Crime Law" shall be considered with the issue of connection with administrative laws such as the "Public Security Management Punishment Law" and "Administrative Penalty Law",You can move the existing criminals in the current criminal law and the new legal prison in the future.,And can specify the corresponding simple litigation procedures,Seamless connection of the "Light Crime Law" and "Public Security Management Punishment Law"。The modification procedure of the "Light Crime Law" is more relaxed than the criminal codes of the Criminal Code,It can be modified in a timely manner according to the development of society。

Fourth,Although the Criminal Law Affiliated has always been one of the sources of criminal law recognized by my country's criminal law theory,But the regulations involving criminal liability in the existing non -criminal law specifications are not independently stipulated crimes and punishment outside the criminal law,It is just guided to the judicial organs to apply to the criminal law when the legal infringement of the relevant behavior is serious to a certain extent。Therefore, there is no realistic criminal law in our country,Thinking and habits of crime and punishment in non -criminal law specifications。Therefore, the Affiliated Criminal Law may not be suitable for my country's national conditions,The author does not agree with the form of an auxiliary criminal bet365 live casino games law to revise the criminal law。

The above legislative ideas can be completed simultaneously、Parallel does not contrary: "97 Criminal Law" has been implemented for 23 years after all,"Patch" with ten amendments,It should be a system、Comprehensive、Formally revised,Power the general rules,points are available; united criminal law in 1998 into the Criminal Code,Independence of military criminal law and other parts from the criminal code became a single -line criminal law.,New "Light Crime Law"。Criminal Code Leader、After the formation of the criminal law system of one -line criminal law and light criminal law, the criminal law system is formed after the formation of the criminal law,The stability and flexibility of my country's criminal law can be taken into account,The revision of the criminal law after the criminal law no longer has no chapters to follow,can greatly improve my country's criminal legislation level。

Facing the ever -changing social development status,The revision of the criminal law should be prepared for theoretical preparations,Summary reflection in time,Discover insufficient in time,Formulate long -term planning in advance,Decisively select a new mode,Efforts to improve legislative level,to promote the continuous improvement of my country's criminal legislation and the entire legal system。

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