The goal of criminal rule of law is good law and good governance。The goal of the good law and good governance depends on the function of criminal legislation and criminal justice: the purpose of legislation is to create a good law，The purpose of the justice is to achieve good governance。It can be said，Good law and good governance are two aspects that are both distinguished and closely associated with criminal rule of law。Good law and good governance are based on the laws of law，This is the same for criminal rule of law。In the construction of criminal rule of law，Legislative agencies formulate criminal law specifications through certain legislative procedures，Provide rules for judicial organs。The basic responsibilities of the judicial organs are applicable laws，That is to apply criminal law specifications to cases，So as to achieve a fair case。But，Criminal Law is applicable to the interpretation of criminal law，my country's highest judicial organs have the right to interpret the criminal law，As a result, judicial interpretation，It has important guiding significance for the application of law。At the same time，Conventional judicial activities have accumulated a large number of judgments，The conclusions of these judgments are just effective for the case，However, the theme contained in the reasons has the nature of judicial rules，It has a reference value for the treatment of similar cases later。It can be said，Triple structures for criminal law specifications formed through the above criminal legislation and criminal judicial activities，It is an important feature of Chinese criminal rule of law。

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Criminal Law specifications are the products of legislation，bet365 best casino games ​​my country's criminal legislation has gone through the new and old replacement from the criminal law in 1979 to 1997，Basically completed the process of the code。1979 Criminal Law is a product under a specific era，Starting economic system reform in the early 1980s，An economic crime appeared with this，Economic and society is greatly affected。In this case，my country's legislature uses the legislative method of one -line criminal law to modify and supplement the criminal law，From this forming a fragmented state of the separation of criminal law and one -line criminal law，Not conducive to the unified application of criminal law。

The amendment to the criminal law in 1997 aims to formulate a unified criminal code，Legislative agencies focus on the standards of all provisions of crimes and punishment in criminal law。Revised after the criminal law in 1997，my country's criminal law specification system can be improved and perfect，Renewal for update of criminal law specifications。After the implementation of the criminal law in 1997，Changes against the situation of crime，The legislature uses a correction of the criminal law amendment to amend the Criminal Law。The method of amendment to the criminal law compared with the way of one -line criminal law，Single criminal law has the disadvantage of the standard system of cracking to a certain extent，The amendment to the criminal law has the benefit of integrating the standardization system of the criminal law。For example，In the case of using a single -line criminal law，Single criminal law is equivalent to the special provisions of the criminal law，With independent criminal law effect，It can be cited by the judicial organs at the time of conviction and quotation。However, because the criminal law of one -line is a law of law compared to the criminal code，Therefore, the gradually accumulated one -line criminal law is to a certain extent Bet365 lotto review and empty the criminal code。In the case of adopting the amendment to the Criminal Law，The only function of the amendment to the Criminal Law is to modify or supplement the relevant criminal law provisions。After the amendment of the Criminal Law，Legislative agencies re -compiled the Criminal Code in accordance with the amendments to the Criminal Law，The content of the amendment to the Criminal Law into the Criminal Code，Therefore, the criminal code maintains integrity and unity。Since the revision of the Criminal Law in 1997，my country's legislature has promulgated 11 amendments to the Criminal Law，Modified or supplemented the content of the Criminal Code，The improvement of criminal law has played an important role。Legislative Organs adhere to a positive outlook on legislation，Response the expectation of legislation，Provide criminal protection for social and economic life。It can be said in a sense，my country has completed the construction of the criminal law specification system。

It is worth noting that，After the promulgation of the Civil Code in my country，Each department method has proposed the goal of code。In this case，my country's criminal law community also proposes a proposition of codes or re -codes of criminal law。But，Code is based on the premise of the decentralization of legal norms。For example, civil law，Before the promulgation of the Civil Code, it can be described as the Dharma Lin Li。In this case，Only the requirements of the codes will be made。Tortoise rules are different，Criminal Law was presented in the form of a codes，But the method of one -line criminal law was adopted during the replenishment of the criminal law in 1979，This leads to the dispersion of criminal law specifications。For this state，1997 Criminal Law Amendments achieved the codes of criminal law to a certain extent。The method of correction of the criminal law adopted later to modify or supplement bet365 live casino games the criminal law specifications，It does not destroy the structure and system of the Criminal Code。So，What the current system of criminal law specifications is not to be formally code，but the substantial codes。For criminal law，The so -called substantial code is to reasonably adjust the content of criminal law specifications，Further play the dominant role of the Criminal Code in the Criminal Law Specification System。

　　Judicial Explanation

Legal interpretation itself is the right meaning of the law，Because any law is explained, it can be applied。But，In other countries, it is usually a judge's case explanation，The effectiveness of this explanation can only be in the case，There is no universal standard effect。my country's judicial interpretation is different，It has the nature of creative standards，So，Judicial interpretation is in the form of provisions。As far as the content of judicial interpretation，It can be regarded as the rules of the criminal law，It has important guiding significance for the correct application of criminal law specifications。The rules created by judicial interpretation cannot be conflicted with the provisions of the Criminal Law，Details that can only be done on the basis of criminal law。Here，restrictions on judicial interpretation of the principle of punishment。Judicial interpretation itself is a special type of legal interpretation，The so -called right to explain。But as long as it is a legal interpretation, it can only be based on legal provisions，Specific explanation of the content of legal norms，Therefore, the compliance of the legal norm based on what is based on，It cannot exceed the law of the law。

In our country's judicial practice，Judicial interpretation itself is a standardized effect，can be used as a referee to quote。In a sense,，Judicial Interpretation has a supplementary effect on criminal law，The supplement here is not an expansion supplement but a concrete bet365 live casino games supplement。Criminal Law specifications have certain principles for specific crimes and punishment，Especially in the crime of specific crimes in the criminal law score，Have a certain framework legislative nature，Methods such as blank guilt and interception legislation。In this case，To regulate the application of cases，It is necessary to fill in the rough places of criminal law through judicial interpretation。For example，my country's criminal law points set up a crime element for a large number of crimes or plot crimes，Criminal Law does not specify the amount or the content of the plot here。In this case，The Supreme People's Court and the Supreme People's Procuratorate are usually made clear in the form of judicial interpretation，Therefore, it provides a specification for the correct identification of the amount and the plot of the judicial organs at all levels.。

my country's judicial interpretation can be divided into five forms: "explanation", "regulations", "rules", "approval", "decision"，Except "approval" is a case -based judicial interpretation，The other four types are general judicial interpretations。The case of judicial interpretation here is the judicial interpretation of individual cases，General judicial interpretation is a judicial interpretation created by the needs of law。General judicial interpretation is a criminal law specification presented in the form of provisions，Has generally applicable effect，So，The specification created by the judicial interpretation of the criminal law in my country belongs to the origin of the law。

　　Guidance case

There is a jurisprudence system in various countries in the world，Acts in the British and American Law State Act，Criminal Law specification itself is contained in various jurisprudence。Even the country that implements a grammar system，Jurisprint is also an important source of criminal regulations。Different from the two Dharma departments，Bet365 app download my country's case guidance system is unique，The shortcomings of the abstraction of judicial interpretation in functional interpretation are further made up，It has an irreplaceable role in handling various cases, especially cases of difficulty in judicial organs。my country's guidance case is not a natural product of judicial activities，but the Supreme People's Court、The special agency of the Supreme People's Procuratorate shall be based on certain procedures and standards，Cases promulgated by strict selection。So，Guiding case is that the referee has legal effect，Determine the facts clear，Applicable law correct，The referee is full，Good legal effects and social effects，Cases that are generally guided in similar cases。Especially the guidance case can also be cited in the relevant referee documents，The point of its referee can play a reference function。This can be seen，The judicial rules created through the case guidance system, although the rules created by the system are relative to the criminal law specification、Judicial interpretation，low level，But the application of criminal law has an indispensable guidance significance。For example，Guidance case issued by the Supreme People's Court No. 97 "Wang Lijun's illegal operation retrial and renovation and judgment"，This guidance case aims to clarify the applicable issues of Article 225 of the Criminal Law.，The referee points confirmed that although the relevant regulations of the administrative management are violated，But the business behavior that has not seriously disrupted the market order，It should not be identified as illegal business crime。The guidance case has important reference value。

In short，For more than 40 years of reform and opening up，One of the important signs of the constant improvement of criminal rule of law in my country is to form a criminal law specification Bet365 app download system with Chinese characteristics，Criminal Law specifications are fine。Criminal Law Specification、Judicial interpretation and guidance case，Although the applicable mechanism is different，Specifications are different，But the three have common functions，That is to provide specifications for the construction of criminal rule of law. Based on。

　(The author is a professor at Boya, Peking University)