Study Of The Blank Counts

Since the enactment of criminal law 97 years, blank counts more and more present in our criminal law provisions. Revised Penal Code was first established as the principle of legality of the basic principles of criminal law. Some scholars believe that since the blank counts of statutory sex and contrary to the principle of criminal law, and the law is inconsistent with the principles of clarity, so that the existence of the blank counts is unreasonable. Another scholar of the blank counts and whether the principle of Criminal Law of the conflict, expressed a lot of questions. For the legal principle, because the blank counts of crimes under the specific content needs to be determined with reference to the relevant legal norms, it seems inconsistent with the statutory principle, but the gap between the counts and there is a huge legal principle of harmony. The Criminal Law as a macro on the requirements to implement the provisions of simple adjustments as small as possible the scope of the blank counts very inclusive and the scope of its crimes was expanded, from one angle, the existence of the blank counts is indeed a certain extent, caused by the Criminal Law of the deficiencies. As legislative technical and other reasons, the blank counts of criminal law need to be further improved, should focus on legislation to limit the scope of the blank counts, clear gaps in the frame of reference counts, and actively respond to changes in the light of the normative content of the three areas to be improved.In this paper the following aspects of the issue of blank counts explained:The first part, the author counts from the definition and types of blank Through analyzing the historical origin blank counts, combined with the existence and characteristics of various types of blank-depth Analysis of the concept of guilt by a representative of a variety of academic analysis of point of view, to address the concept of the blank counts several problems.The second part, the author expounds the principle of building the base blank counts. Including the principles of democracy, the legal principle of equality and the principle of criminal law Modesty, balance principles, the basic principles of these with an overview and analysis of the blank counts of these principles in the implementation of the Construction of the situation.The third part, the author mainly describes the function and value of the blank counts. Tightly focused on the function of the criminal French Open and maintain the authority of the Criminal Code and stability, and promote the perfection of non-criminal law aspects.The fourth part, the author discusses the problems of the blank counts and countermeasures. I believe that the blank counts in the provisions of the Criminal Code, there are many wide, level uneven, shortcomings in legislation and other issues. And that counts for the perfect space to be followed the principle of legality and the principle of favor of the defendant, the only way that can make the blank counts to actively and effectively applied to the Criminal Code, the role of the judicial practice,. In addition to improving its legislation put forward some feasible suggestions.