Font Size: a A A

A Study On The Reform Of Our Criminal Law Legislation Mode

Posted on:2012-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:X HongFull Text:PDF
GTID:2166330332496680Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In our State, there is no further research and discussion about how to present the document in which the legislative body makes a standard mode of the criminal law. The reason is that in 1997, when penal code was established, the legislative body stated that all the crime standards should be brought into one united penal code. Furthermore, after 1998, Standing Committee of the National People's Congress only can rectify the penal code in terms of penal code amendment. Therefore, the arbitration of the legislation reduced the academic research enthusiasm about criminal law legislationmode. However, in the contemporary society, the economic is advancing at unprecedented rate that is accompanied by some new problems. New diversification of crime emerged and the Ministry of Justice is being up to date. Hence, the penal code need to be modified and updated to cope with the requirement of practice in many fields that include high-technology crimes, economic crimes and national crimes. The stability and authority of the penal code has been threatened. Hysteresis of Legislation also led to the awkward situation in judicial practice, the criminal law legislationmode that is being used is not abreast of the times. This article will choose the modernization of criminal law legislation mode as the topic based on the present status of the theory and the needs of reality and deeply discuss four parts of modernization of criminal law legislation mode as follows:1st part: ascertain the definition of the criminal law legislation mode, and analyze the necessity of criminal law legislationmode from requirements of law as the highest rational, law and economics considerations, the judicial practice, and then analyze the factors affecting establishing the criminal law legislation mode of the State.2nd Part: Comprehensively analyzing the advantages and disadvantages of specific legislation mode of the penal code, the single criminal bill, the subsidiary criminal rules, criminal law amendment. Discussing the relevant problems in the specific legislation mode based on the correlative criminal legal documents issued by the State and foreign legislation cases.3rd Part: Analyzing the characteristics of the criminal law legislation mode of the State and investigating the criminal law legislation mode overseas.4th Part: Through the above analysis, reconstruction of criminal law legislation mode of the State.
Keywords/Search Tags:criminal law legislation mode, the penal code, the single criminal bill, the subsidiary criminal rules, the criminal law amendment
PDF Full Text Request
Related items