For a long time，Study of Criminal Law Study on Legislative Study and Interpretation Research，Interpretation Theory has developed a well -developed criminal law interpretation learning，But，Legislative research has failed to develop a clear system、Complete criminal legislation。Although the concept of "criminal legislative" often uses it，But as a second discipline of criminal law，Its basic theoretical category research is quite thin。It can be said，Criminal legislative problems have problems with the loss of ontology，Urgently needs to be posted。

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The independent discipline status of criminal legislation determines the particularity of its research objects and its specific subject tasks。Criminal Law is a discipline for studying crimes and punishment，Special characteristics of research objects and adjustments，Different from civil law、Administrative Law and other departments。In the Discipline Group of Criminal Law，The research objects of each three disciplines are also crimes，But with different discipline tasks。For example，Criminal research aims to detect the cause of crime，Proposal to govern countermeasures。Research on the Interpretation of Criminal Law aims to provide standards for criminal justice。Criminal Legislative Studies are designed to provide the theoretical basis for providing criminal and punishment for criminal law legislation。

Due to the crimes of various branches of criminal law, the crime has roughly the same life image，It should develop a general criminal law，Common basis for the study of criminal law。This task can win support from the history of the thought of criminal law，But in fact，Due to the prosperity of the interpretation of criminal law，Disciplines of the bet365 best casino games Criminal Law more directly obtain theoretical nutrition from the interpretation of criminal law，Criminal Law Interpretation is used as a basic subject of criminal law。This causes a problem，Explanation from criminal law interpretation of a large number of concepts borrowed、Principles，Use in criminal legislation and other sub -disciplines，It is mistaken for the theoretical support provided by the Criminal Law Interpretation.，Vague discipline boundary of other branches such as criminal law interpretation and criminal legislation。Restore includes crime、Punishment and other concepts and principles of punishment、Principles of crime equilibrium, etc. The basic status of the general legal sense of criminal law，It is very important for the discipline development of criminal legislation。

It must be noted，Interpretation of Criminal Law has a critical legislative function，But this function is not a preset of its discipline function，but the result of its objective development，This function should be undertaken by criminal legislation。Besides，Editing like illegal implantation genes、Crime crime of cloning embryo，Judicial evaluation of no criminal law interpretation first participation，It is difficult to affirm its legislative critical function here。In other words，The so -called "legislative critical function of criminal law interpretation school"，It cannot fully undertake the theoretical guidance task of criminal law legislation。The essence of crime borrowed for new crimes、The principle of humility of the criminal law，It should also be explained in the general legal sense of criminal law。The need for the development of criminal legislative discipline，It cannot be replaced or covered by certain criticism of the criminal interpretation of the criminal law interpretation。

　　Disciplinary practice basis

Disciplinary development of criminal legislation is an inevitable requirement for further improving bet365 Play online games the scientific level of criminal law。Since the Criminal Law in 1997 has been fully revised，The legislature has passed 1 single criminal law、11 Criminal Law Amendments，The total number of crimes has increased from 412 to 483，The "Criminal Law" article is still 452，and "one of a certain one、Two "and other corrections，In essence, it has increased to 505 items。By reducing the threshold for crimes、Add behavioral composition and other methods，In essence, the Criminal Law further expands。2011 "Criminal Law Amendment (8)"、"Amendment to the Criminal Law (9)" in 2015、The "Criminal Law Amendment (11)" in 2020 has modified dozens of articles for the criminal law，The general scores are involved。Frequent corrections of China Criminal Law，Show a significant trend of active criminal legislation。This will inevitably require criminal legislation on the basis of ensuring the democratization of legislation，Constantly improving the level of legislative science。Treat criminal legislation as a branch of criminal law，Specialized for promoting criminal legislation research、Systemization、Refined，Reality needs to adapt to the change of criminal law。

After the industrial society has moved to mature，The side of the risk society is increasingly prominent，This urgent requirement of the subjectized support of criminal legislation。Under the context of a risk society，Criminal Law legislation faces unprecedented new challenges。Under the context of the industrial society，The behavior of the active harm caused by the behavior of the behavior，Experience or scientific causal contact between behavior and results，Criminal Law legislative situation is relatively simple，The consideration of criminal crimes is easier。In risk and social context，The impact of behavior may exceed the national territory and life length，A causal chain is difficult to clear between behavior and results，or the result of the behavior of the behavior、The size Bet365 app download is uncertain，These crimes that require behavior must be supported by proper risk assessment and professional knowledge。Especially in the ecological crisis、Terrorism、Biological Safety、Food and Drug Safety、Nuclear safety and other fields，The boundary between the criminal law intervention is highly dependent on the specialized knowledge of discipline。How to define risks? How to evaluate risk?。

　　Establish a basic theoretical system

Establish the basic theoretical system of criminal legislation，It is of course the meaning of the discipline development of criminal legislation。Criminal Legislative Studies have taken crimes as research objects，Basic tasks with crimes，The concept of defining crimes properly，The legitimacy of establishing a crime and punishment。The substantial concept of crime、Basic principles of legislation of criminal law、Criminalization basis、Penalty Based on、Crime type and crime system、The punishment system and the legal punishment allocation，It is the normative content of criminal legislation。Criminal Law legislation as a state's legislative activity in a special government，It still depends on specific legislative technology，Criminal legislation should also include the technical content of criminal law legislation。Criminal Law legislative activities shall be performed by the legislature in accordance with legal authority and procedures in accordance with the law，The scientific and democratization of the legislative procedure of criminal law is also an important part of the theoretical system of criminal legislation。

The normative content of criminal legislation has long been in the history of criminal law.。The originator of modern criminal law、The book "On Crime and Punishment" published by Italian criminal legalist Becaria in 1764，Understand the crime as the harm to society，Principles of the legal principles of criminal punishment、Principles of Balanced Criminal Significance、Principles of Criminal Law、Penalty humanitarian bet365 best casino games and other important ideas。Becaria's banner clearly pointed out: "Only law can be punished for criminal regulations。Only the legislators of the entire society who are united according to social contracts have this authority。"This means，The ruler cannot set crimes and punishment at will based on personal will。We can also make further interpretation，In addition to the law，Administrative Regulations、departmental regulations or local regulations，None of the crime and punishment cannot be stipulated。From Guanzhi，The statutory principle of punishment has general significance，It is the basic principle of the basic principles of the legislation of criminal law，Followed by the basic principles of criminal law justice。Disciplinary discipline value of all kinds of normative content with general legal nature of criminal law，It is the only way for the development of criminal legislation。

From the perspective of history，Even if a crime is acknowledged, it is harmful to society，The ruler of the crime is actually not derived from the virtual social contract，I am rather the social and cultural concepts of people from different historical periods。Social and cultural concepts rooted in specific social material living conditions，Make people's behavior benchmark determined in the compromise of various interests，Integrated into the legal system of a country，The content confirmed and guaranteed by various department laws, including the Constitution and including the Criminal Law。Crime is the behavior of behavior based on the acts of behavior based on the cultural concept of a specific society。Establish this behavior benchmark in the Criminal Law，Also necessary to use the methodical review and weighing of the proportion principle，Crime of specific behavior must be from the purpose of the purpose、means effectiveness、means of means、A comprehensive considerations such as the value of the value protected by criminalization and the value that may Bet365 app download be damaged by the value that may be damaged。What to pay attention to is，The necessity of the means and the principle of modesty of the criminal law is similar，It is conducive to clarifying criminal law and civil law、boundary between administrative law and other means。

Criminal Law Legislative Technology is an important content of criminal legislation。How to implement the law of law in the legislation of criminal law to maintain a balance between professionalization and life、How to achieve structural coordination in the criminal law system and specifications、How to properly respond to the impact of public opinion and international and domestic political factors、How to adjust the crime and effectively respond to the crime trend and enhance the targetedness and efficiency of punishment，All the problems of the legislative technology of criminal law should be studied。

Criminal legislation must also study the scientific and democratization of the legislative procedures of criminal law。Criminal Law legislation in accordance with the provisions of the Constitution and Legislative Law，It provides a guarantee for the authority and legitimacy of Criminal Law Legal Legal Legal Legislation。Criminal Law legislative activities are not only a production process of criminal law specifications，The game adjustment process of the main values ​​and interests of various interests and interests of the social interests。The specific consensus of the people's abstract consensus and the participating voters participating in the legislature，The legitimacy of the legislation of criminal law is continuously produced。Scientifically optimize the legislative procedure of criminal law、The democratic level of enhanced criminal law legislation，It is an important research content of criminal legislation。other，Do you have to be reviewed three times? Is the major adjustment of new prison or execution of punishment must be reviewed three times?、The problems based on the actual legislation of criminal law in my country should be included in the research scope of criminal legislation。

　　(This article is the Basic Spectrum Department of the Criminal Law of the National Social Science Fund "(21BFX059) in the" Basic Criminal Law "(21BFX059)

(Author Unit: Institute of Law of the Chinese Academy of Social Sciences)