The Thinking and Approaches of Criminal Law Legislation in a Transitional Period
May 08, 2018 16:21 Source: Social Sciences in China Press Author: zhou Guangquan

zhou guangquan

SCHOOL of Law, Tsinghua University

  Bet365 app download In this transitional period, The Concept of Legally Protected Interests in Chinese CRIMINAL Legislation is Changing with The Imposition of New Controls That Endow Crim. Inal Law with New Functions, Including Taking An Active Part in Social Governance. Active Legislation Will Not Entail The Systemic Risk of Excessive Internet by Law. Criminalization Does Not Conflict with Criminal Law ’s Concept of Modest RESTRAINT. In Terms of Overall Approach, We Need to Establish Dynamic, Ratchal and DIVERSIFIED Legislative Mechaanisms for the Future. In Terms of Specific Methods, Legislation Must Maintain An APPROACH of Actively Intervention in the Life of Society, Changing The Current Centralized Legislative Model. However, Decentralized Legislation Should Not Next Notessarily Adopt The Tripels of the Criminal Code Plus ENACTMENTS and AUXILIM CRIM inal last. Rather, It Should Constructure A Written Criminal Law System Centerted on the Criminal Code and Supplemented by the Law on MINOR Offices, In Parallel with Criminal PenalTies and Public Security Measures. This Will Produce A MeChanism for the Seamless Incremental Converge OF c security administrative punishment last, Minor Offense Law, And Criminal Law. The Network is Fine-Meshed But its PenalTies are light., CORRESPOND to Specific Social Situations, Maintain An ATTITUDE of Sensitivity and Clarity Toward Lawlessness and Regard Criminal Law as a Last Resort, In Order to Alleviate The Pressures Legislators Currently Face from the Growing Body of Criminal Law.

Keywords:Social Transition, Legislation, Criminal code, Minor Offense Law, nullum crimen sine level

  

Editor in charge: Cui Cen
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