Reseach On The Rules Of Amendments To The Criminal Law

Amendments of criminal law has become the main way to amend our CriminalLaw, which led it is necessary to study the theory of amendments to criminal law. Onthe issue of the relationship between the amendments and the criminal law, theamendments are not the texts and the law origins, is just only as a transition bridgebetween the old and criminal laws. After the new criminal law has come into effect,the amendments just tell the readers when the old criminal law was modified only,whose significance lies in the generation of new criminal law texts. The amendmentsmake the criminal law has the open function and the rigidity of the code is broken incertain extent, so the amendments to criminal law can promote the development ofcriminal law. The amendments are different with the separate criminal laws inapplication background and the specific functions. The amendments are different withthe accessory criminal laws in contents and compositions. The amendments aredifferent with legislative interpretations of criminal law in premises, natures,programs and development trends.The types of the amendments are three corrections: changing the original texts,adding the new terms and abolishing the old terms. The functions include two aspects:one is of legislative technology, which can revise penal code and maintain thecriminal law system; the other is the entity function, which can make the criminal lawhas the open function, adjust the range of punishment and promote the developmentof criminal law. The empirical analysis of the draft description show the existencefoundation lie in the combination of many factors under the guidance of judicialpractices and legislative attitudes, where the practicability become the dominant of theamendments.Principle of legally prescribed punishment, Principle of the coordination of legal system and the modest and restrained principle is the basic principle of theamendments. The stability value of principle of legally prescribed punishmentrequires the criminal law should not be frequently revised, and should not be reducedto fragments, but should have continuity. The clarity and legitimacy of entity providesdirect guidance for the amendments. Principle of the coordination of legal systemdemands the coordination of the thought and legal system. Legitimacy includesformal and content forms. The basic structure of amendments is “how to amend addthe amendment contents”, and “how to amend” is the typical expression tocommunicate the old and new criminal law. On the issue of the language rules of thecriminal amendment, the clauses of “in order to” can indicate the amendment reasons,response the nature of tool, embody the nature of logic and refract the purpose clausesunnecessary. The clauses of “in order to” in the amendment are great different withthat in criminal law. The amendment terms are not legislative languages, whoseessence is just the communication language between new and old criminal law. Theusages of “add new paragraph as the first paragraph,” the symbol “of”, and the word“of” should be given special concern. The ontology rules are precondition rules,formal rules and content rules. Precondition rules include revision prospective,legitimacy and cautious rules. Formal rules include coordination rules and theprocedural requirements. Content rules include content dependent, objective modestand restrained principle and restraining rules.The subjects of the amendment draft have the feathers of not uniqueness,diversity involved, the cooperation of drafting ways and the system of draftingprograms. Draft publicity is based on the theory of representative democracy, thetheory of procedure justice and the interests of the game. The form of draft opennessshould use variety of means. Draft publicity has the function of democratic correctionfunction, scientific correction function, thinking correction function and power controlfunction.The empirical analysis of our amendments show there are some problems of thatmodified time is relatively arbitrary, the prospective is poorer and the frequency is a little faster. The great disparity of the term’s numbers demonstrate that the legislationinstitution has not systematically promulgated the criminal code; On the issue ofeffective time, the amendment has the feathers of the dependence nature ofretroactivity, the emergency nature and the repeatability nature of effective time; thecurrent number is valid, and can not like the constitutional number; the sequentialnumber of the articles is appropriate, but the number of effective time should haveflexibility. The amendment contents have the following characteristics: make thepracticability as the guiding ideology, while highlighting protection the livelihood incriminal law; the amendment contents are wide, and focus on the economic crimes;from the general to the specific system, the effect of the criminal policy on theamendment is increasingly apparent.From the perspective of doctrine of law under legally prescribed punishment, theamendment should not be the only way of amendment to the criminal law and thedoctrine of statutory law is not equal to the code. The criminal law has the wholeexpression of the guarantee of human rights, tolerance idea and the character ofcriminal rules, rather than a penal code formally. So on the premise of the criminallaw unified the single criminal law, the affiliated criminal law and other correctionsshould become the necessary choice.