Appropriate selection of criminal legislative terms
November 23, 2022 09:59 Source: "China Social Sciences", November 23, 2022, Issue 2536, Issue 2536

  The choice of terms should be based on full practical activities。The process of selecting the term of the criminal method,It is also a process of interaction between legislators and social practice activities,Legislators should always pay attention to various changes produced by social practice,Seek the maximum number of conventions in different knowledge,It has universality、The term with high recognition is used as the basis for the selection of terms,Cute with prudential、Professional、Objective、Democratic position,Timely and efficiently carry out the term selection work。 

The 20th report of the party pointed out,my country's legislative activities must adhere to the "promoting development with good law、Guarantee good treatment。Promoting scientific legislation、Democratic legislation、Legal Legal Legal,Coordinated to change the compilation of abolition,Enhanced legislative systemic、Publicity、Coordination、timeliness "。For criminal law with distinctiveness,To achieve the above target,The selection of criminal legislative terms should be more prudent、Rigidity,strive to be accurate、Science。Looking at it specifically,Appropriate legislative term should meet three basic requirements。

First,Accurate summary of the past。Not only the overall summary and inheritance bet365 best casino games of past social phenomena,It also includes the existing legislation from a new perspective。From the perspective of criminal law,Acts that can be summarized as natural crimes are generally inherited in the next historical period of legislation。For example,Theft activities have been included in the criminal regulation system for thousands of years.,But in different historical periods,The definition of theft is more obvious similarity。Theft in "The Laws of Tang Laws · Thief",is "stolen,Gongji、Stealing is stolen ","Daqing Examples · Thief" is "Fanbi,Public stealing is stolen ",The stability of the term remains hundreds of years。Selection of previous legislative activities that have been proved to be stable in terms of stability,Not only will it help the stability of the maintenance method,It is more helpful to convert long -term judicial practice into a standard understanding of social history and culture.,​​Aloving the coherence of knowledge、Consistency,It alleviates the legislative burden、Judicial burden。but but,For legal criminals,With the changes in the social environment,The legislators have changed more frequently,Amended or deleted the regulations that are not adapted to the current social development。For example,Chinese Criminal Law on the deletion of "hooligan crimes" and "counter -revolutionary crime" and other regulations,It is in line with this basic trend。Of course,Legislators are more adopted more in line with the needs of system structure、Bet365 app download More accurate terms replace the terms that may cause ambiguity。For example,In "Criminal Law Amendment (9)",The legislators will express the expression of Article 240 from the original "to the abducted person to die or kill the abducted person",Modified to "kill the abducted person or intentionally hurt the abduction,serious injury、Death "。There is a overlapping relationship between the death of the abducted person and the killing of the abducted person,Therefore, the correction term after modification is more in line with the criminal constituent elements。

Second,Precise depicting the present。In the face of new social activities、New Things Time,Select the concept of the original term to store it or make it clear in the new term。In legislative practice activities,Legislators have to choose to expand the meaning of the original thing at the legal level to meet the applicable,There is also a new term to depict new things。If the "new" of the new thing refers to the different forms of expression,instead of having the essence that is completely different from other things,So,Incorporating it into the original concept will not cause applicable difficulties。For example,Use the term "transportation" in my country's criminal law for car、Tram、Train、Shipbuilding and other unified summary。But when a specific risk is considered by the legislators to be ignored,It may be separate to specific behaviors or specific things。For example,Aircraft belongs to the category of "transportation",But due to hijacking bet365 best casino games and other behaviors may bring serious consequences,In the criminal law of our country, the crime -related crimes are specifically stipulated。Another example is,"Amendment to the Criminal Law (11)" adds a new legislative regulation of high -altitude parabolic behavior,When the term "high -altitude parabolic" is adopted by the Criminal Law,It means that the danger of the behavior itself is valued by the legislators,also means,Originally used as a daily term、The connotation of the word "high -altitude parabolic" that can only be used as other criminal behaviors is determined by the criminal law。This revision is exactly the accurate outline of the relevant risks in the current social life,similar to it,The application of terms such as "gene editing" and "human genetic resources" in criminal law。These applications often rely on the application of the term in the pre -regulations,Enhanced the properness of the selection of criminal legislative terms。

third,Take care of future applications。Legislators based on past experience and current practice,Leave enough applicable space for the possible legal practice in the future。Properly selecting terms can ensure the stability of the constituent elements,and stable constituent elements can effectively feedback social life content even after many years of formulation。For example,In 1997, the "overlap killing" in Article 133 of the Criminal Law in 1997 was modified to "overwhelming people's death",Further clarify the characteristics of the constituent elements,Bet365 app download Same kill、killing and other terms formed a difference。After this revision, 11 Criminal Law Amendments,This expression always maintains stability and clearness,It has not changed again。The specific form of human social activities is almost infinite,Continuous abstraction of it,There is always a concept that is enough to summarize all social life。Of course,Excessive abstraction will inevitably sacrifice specific details。Legislators should seek nodes between the concepts of highly abstracted concepts and specific independent living facts,To seek the simplicity of legislative terms and the unity of the wide range of applicable space,That is, find the appropriate balance point between abstraction and reality。Appropriate criminal judicial terminology can make accurate characteristics of behavior or things within its semantic range,Make sure the criminal law is relatively stable when facing changing social life。

Xi Jinping's Thought of the rule of law provides us with a methodology guidance for us to choose criminal legislative terms。First,The choice of terms should adhere to the scientific standard。General Secretary Xi Jinping emphasized: "The core of scientific legislation is to respect and reflect objective laws。"" also,Legislative term should reflect objectivity、Law。spokenly、Subjective colors should not be adopted in criminal legislative activities。For example,Terms of "crime and evil pole" in the past criminal law,It was modified in the revision of the subsequent bet365 live casino games criminal law。New vocabulary that has not been fully demonstrated should not enter the criminal law prematurely。For example, the concepts such as "artificial intelligence life" and "Yuan Universe",Its connotation and extension have not yet obtained a comprehensive social consensus,It should not be determined as a criminal term prematurely。Next,The choice of terms should pay attention to the systemicity between law。Especially when using the same meaning words, we should pay more attention to the differences and associations between different words。For example,"To", "To", "Cause", "Cause" and other terms in the criminal law,The difference between the meaning of the word is not obvious,It is thought to have a point of view,These words can be replaced with each other,Therefore, it cannot provide help for the construction of the criminal law system。From a overall perspective,If these different terms are selected, you cannot reflect different legislative design,It is quite casual,It should be appropriately revised,On the contrary, a reasonable interpretation of specific differences and connections needs to be made in a reasonable interpretation。Last,The choice of terms should be based on full practical activities。The process of selecting the term of the criminal method,It is also a process of interaction between legislators and social practice activities,Legislators should always pay attention to various changes produced by social practice,Seek the maximum number of conventions in different knowledge,It has universality、The term with high recognition is used as the basis for the selection of terms,Cute with prudential、Professional、Objective、Democratic position,Timely and efficiently carry out the term selection work。

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