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A Study on the Legislation of the Subprovision Crimes

Author: HanMeng
Tutor: XueJinZhan
School: East China University of Politics and Law
Course: Criminal Law
Keywords: Statutory Crime China's criminal law Legal punishment Principle of appropriateness Clarity Legislative Technology Crime and Punishment relationship Express style Legal principle Accusation
CLC: D924.1
Type: Master's thesis
Year: 2003
Downloads: 120
Quote: 0
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Abstract


Aristotle said: \focus on criminal law theory of legislative technique is rarely touched. Improve the criminal law theory, perfect concept of criminal law if there is no scientific legislative technique, it is difficult to accurately express even the willingness of legislators in the legislative language expression distorted. The principle of legality is the cornerstone of the modern rule of law, of the 1997 Criminal Code also established the principle of legality, relatively complete good criminal legislation is the prerequisite and basis for the implementation of the principle of legality, the systems engineering process, which directly restricts The principle of legality. Because they do not pay attention to the legislative technique, our 97 years of criminal law in the implement of legality in principle far enough. This paper attempts from the statutory of legality, clarity and appropriateness of the requirements of the charges, the guilt, the punishment to legislation is a critical analysis of the defects on the legislation put forward comprehensive proposals to be beneficial to the future of the legislation. Article except guide illocutionary, divided into of legality of the re-understanding of legality legislation charges of legality guilt legislation and of legality and legal punishment legislation four parts, the text of about 39,000 words, including footnotes about 3500 words. Introductory part, I choose a crime of legislation as the significance of the thesis topic is elaborated. Part I: of legality of re-understanding. This section focuses on the values ??of legality and of legality on the two issues of the legislative requirements. The formation of the system to the concept for the pilot, I think of legality person lt; WP = gt; should have special contracts, and the protection of human rights priority concept. Of legality to the requirements of the legislation, I believe that the legal clarity and appropriateness for the standard, fully implement the principle of legality. Part II: of legality charges legislation. In this section, I as the standard legal charges legislative model are discussed. By the express-crime legislation and implied charges Legislative comparison, our charges implied legislative defects. Implied cause-legislative Crime and Punishment specification is not uniform, charges applicable chaos, invasion of the legislative power, judicial power, and a waste of judicial resources. Simultaneously implied-crime legislation violates the legal principle of the crime of legality, express-charges the inevitable choice of China's criminal legislation. Part III: of legality guilt legislation. Indictments crime constitutes the residence, is about the guilt of the specification. The author examined the the guilt legislation to clear and appropriate principle of legality of the Criminal Law. Of the Criminal Law guilt legislation has been greatly improved, but there is still an important definition changed hands, there was too much probability terms, expressed in terms loosely there are two kinds of sin, a sin, tied for behavior in the same article, the dummy counts . On these issues I raised by to update legislative concepts, the implementation of counts of decomposition and payments set to strengthen the interpretation of criminal law theory and compensate for guilt legislation to be overcome. Part IV: of legality and legal punishment legislation. Legal punishment is determined by the crime and the relationship between crime and the relationship between quantitative reaction. The author investigated the legal punishment legislation clear and appropriate principle of legality of the Criminal Law. In implementing the principle of legality, legal punishment legislation is not complete. The existence of absolutely irregularly criminal, absolutely determine the punishment to the guilty without legal punishment and legal punishment of magnitude too broad, repeated punishment of corporate crime and misdemeanor Aggravated felony misdemeanor of the problem. The author proposes to determine felony misdemeanor standard to guide legal punishment legislation, to determine the typical legislative avoid the special case of legislative and the perfect crime constitutes optimize the the legal punishment amplitude to perfect China's criminal law legal punishment legislation

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