Study On The Amendment Of Criminal Law

Before 1997, mode of specific criminal law and accessory criminal law was our mode to amend criminal law, but the disadvantages were more than the advantages in all, mode of amendment had superior preponderances, so after 1997, mode of amendment was selected. From 1999 to 2011, eight amendments of criminal law came into force one after another, they replenished, amended and abolished the criminal code massively and became the only mode of amending the criminal law, it helped the criminal code to be perfect, kept its integrity, stability and so on. But, the ideas of amending have deviation, the rights in amending are mismatching, the skills of amending still need to be improved, all these are affecting the amendment's function to bring into force, so perfect the amendment is necessary. In addition, the only mode of amending has its faults, multiplex mode of amending deserves our attention. So, at the same time of exploration of multiplex mode of amending, we must perfect the amendment of criminal law from three aspects: the ideas of amending, the rights in amending, and the amending skills.First of all, establish correct ideas of amending: carry out the criminal policy of temper justice with mercy fully, stick to the prudence and necessity of criminal law, avoid too gross or too trifling criminal legislation, it should be moderate; then correct the dislocation of the rights in amending: divide the criminal legislation correctly, the national people's congress and the standing committee of the national people's congress should exercise the criminal legislation according to the constitution and the legislation law, the right of naming the incremental accusations belongs to the national people's congress, and the accusations should be ascertained by the legislation and be integrate; lastly, on the aspect of the amending skills, we should avoid amending the criminal law frequently, coordinate the relations of all aspects, choose the proper amending language, determine the time of the enforcement of the amendment reasonably, announce the criminal code after passing the amendment , and compile the criminal code at proper time.