Research On The Basic Issues Of Criminal Law Amendment

In 1997 when Criminal law was amended, law makers tried to make a long lasting unified criminal code. However since December 1998, The NPC Standing Committee has passed NPC Standing Committee's Decision Concerning Punishment of Criminal Offenses Involving Fraudulent Purchase Hereinafter referred to as Decision and other nine Amendments to the Criminal Law. by 2011, the Criminal Law has been amended for nine times. August 2015, the National People's Congress has just passed Amendment(IX) to the Criminal Law. Faced with the frequent amendments to the Criminal Law, we should summarize and rethink the concept, the content and the method of the amendments.In this paper, ten criminal law and amendments(including "Punishment and foreign exchange decision" and nine Criminal Law Amendment) for the sample, based on the situation analysis and appraisal of criminal law amendments proposed on the future of criminal law amendments should adhere to the basic concepts and specific correction direction.Setting ten Criminal Law amendment documents including Decision and nine amendments as example, based on analysis and appraisal of criminal law amendments, this paper propose basic concepts and specific amendment direction.This paper is made up of four chapters, totaling about 12 million words.The first chapter summarizes basic situation and main features of the amendment Criminal Law. One is the criminal law to continue to expand. Through additional charges, expansion counts and lower into the standard of criminal, criminal law provisions increase 39, delete 1. Modify 115, increase and modify the number accounted for the total number of the existing provisions of the penal code(489) of 31.08%; criminal charges also originally published by the Supreme People's Court of 413 charges increased to 470. Two is the overall trend of the penalty structure. By increasing the range of statutory penalty, penal reform implementation of the system, modifying the combined punishment for several crimes. Severe punishment is the amendment to the criminal law of the main trend. Only in the "criminal law amendment(eight)", "criminal law amendment(9)" through, by reducing the number of capital crimes, reduce the legal punishment of the individual charges, older adults and minors crime leniency, socialization of execution, and so on, amendment to the criminal law reflects the lenient side. Three is the criminal law amendment technology gradually mature. Performance in the criminal law amendment of the timeliness and the combination of the international law, the criminal law and the combination of the definition and the general, the criminal law amendment and the combination of professional and democratic.The second chapter mainly analyzes the main problems in our country's criminal law. Amendment to the criminal law, on the surface is crime and non-crime, severe punishment and light punishment of selection and correction technology of criminal law perfect. But behind this representation is rooted in universal legislators and deep in the heart of the people of the criminal law theory and criminal law instrumentalism, and politicians advocating for more than 20 years of the "strike hard" criminal policy, criminal law often confined to theoretical construction. First of all, the criminal law is still dominated by the amendment of criminal law. In the legislative guiding ideology, the criminal law is full of expectations, the criminal law is "social management law", "Prevention Law" and "the first safeguard law", which is endowed with many social functions; criminal law and civil law, administrative law cannot be effectively connected. Secondly, the penalty structure is unreasonable. Amendment to the criminal law of the ideology of severe punishment remains firm, penalty structure trend overall weight; penalty structure, lack of coordination, "the death penalty is too heavy, student punishment too light" problem still exists, the negligence crime penalty settings also attend and for the adjustment of penalty trade-off, resulting in penalty system is not coordinated. Third, technology changes to its criminal law has yet to be perfect performance in the amendment to the criminal law provisions too "concrete", the criminal justice loopholes; Amendment to the criminal law, forward-looking and lack of predictability, frequent changes in criminal law, and even on the relevant matters repeatedly modified; single criminal law amendment case pattern is difficult to meet development needs, resulting in frequent changes of criminal code, damage the stability of the criminal law.The third chapter discusses the basic idea of the amendment of criminal law in our country. Amendment to the criminal law problems, which is originated from the Chinese traditional omnipotent criminal law concept, criminal law as a tool for maintaining social stability; source in China's reform and opening up nearly 30 years of "strike hard" practice, and our country criminal correction technique is not mature. What kind of value idea, the relationship between the criminal law amendments, the basic direction of the amendment of criminal law, determines the future development trend of criminal law. On the value orientation must change of criminal law is the concept of pure law protection of legal interests, pay more attention to the function of the protection of human rights; on the amendment to the criminal law of the basic principles, we must change the concept of the criminal law universal, continue to uphold the principle of restraining criminal law; in criminal policy must change with the implementation of the criminal policy of "strike hard" nearly 30 years of combining punishment with leniency is established as the basic legislative policy; criminal law amendment in technology, correctly handle the relationship between stability and change of criminal law, guarantee the quality of the legislation of the criminal law.In the fourth chapter, the author demonstrates the basic direction of the criminal law amendment. First of all, from the economic and social development needs of the civil law and the criminal legislation trend of the civil law system, especially in the background of the abolition of the labor education in our country, the criminal law is a must choice in our criminal law. At present, in particular, to strengthen the crime of terrorism, information network crime, anti-corruption legislation, the pure ethics, no victim of crime and part of the economic and social development of the crime, should be moderately non crime. Second, we should adhere to the principle of "heavy punishment", adjust the structure of the heavy punishment of our country: from the legislation to further restrict and reduce the death penalty, perfect the death penalty, reconstruct the freedom of punishment, perfect the non-imprisonment punishment. Third, improve the criminal law correction technology, improve the quality of the repair, the protection of the criminal law to amend the necessity and stability of the criminal law. The establishment of criminal law, criminal law, criminal law and criminal law, the combination of criminal law, criminal law, criminal law and criminal law, the function of criminal law and criminal law.