The Restriction To Criminalization

Criminalization generally is refers to the criminal legislation makes a certain action be crime and gives the penalty as the legal consequence .In society rule by law, the law non- regulations is not the crime and the law non- regulations does not punish. So criminalization mainly is the task of legislation. The penalty is unique violent, so it must be applied reasonable and should have restrictions to it. It is the basic request to a country sticking to the rule of law. At first, this kind of restriction is the standard and the restriction to the criminal legislative power. As the beginning of the criminal legislation, criminalization should receive the reasonable limit. In China, there was a strong criminalization tendency in the legislation because of the influence by absolutism criminal law idea, which caused the criminal law to exude expansion and be depended on extremely. However, our country is being in the contradiction time which social reforming causes, criminalization still possibly will be the main directions of criminal legislation in a period of time. Under such realistic background, the discussion to criminalization has certain value.This article including six parts:Introduction: Explains the concept of criminalization in the modern country sticking to the principle of rule of law, and it proposes that, the state power limited in the modern country under the rule of law request the criminal legislation power to be limit. This is the argument foundation on which the reasonable limit to the crime is based.Second Chapter: The right procedure is the restriction on criminalization. As the official response of criminal legislation to the crime, criminalization must be carried on by legal person and through legal procedure. This is the external limit to criminalization. The author opposes the criminalization by judicial interpretation and judges'individual interpretation.Third Chapter: Criminal theory is also the restriction on criminalization. Criminalization must carry on a series of criminal law elementary theory such as the crime essence, the criminal law function, the penalty goal and so on, which means criminalization must carries on depend on the necessity and the feasible inspection. This is the intrinsic restriction to criminalization.Fourth Chapter: Discussion of the restriction to criminalization is valuable to our criminal legislation. It not only will be advantageous to the promotion that criminal legislation values transformation from the social standard to individual, but also will provide the certain standard for the reasonable scope of the criminal law as well as the judgment whether specific behavior should be the crime. Conclusion...