Blank Description Of Crime Of Chinese Criminal Law

With the new criminal code revised on 1997, the quantity of the blank description of crime is maximal. And meanwhile, the principle of a legally prescribed punishment for a specified crime has been established as the basic principal in this new code. Educational circles have made many questions about whether the blank description of crime violates the principle of a legally prescribed punishment for a specified crime.But, the principle of a legally prescribed punishment for a specified crime which originated from west society is deferent forms our tradition theory, and our educational circles have not searched it deeply. Such critical opinions fail to drive studying to going a step further concerning this problem.The thesis base itself on the definition of the blank description of crime, make the blank description of crime's intrinsic characteristics clear, reveal conviction and penalty according to law principle and the interactive relation composing the internal important condition theory benign, have expounded blank space charges in an indictment deep inherent compatibility, is blank space charges in an indictment's tier with conviction and penalty according to law principle in corporal punishment philosophy on the surface has establish a rationale. Simultaneous be tied in wedlock reality has needed, has set forth real blank space charges in an indictment basis. And take theory and real basis as base point, thorough analysis blank space replenishes standard range , problem such as tracing back and making an explanation strenuously , with in charges in an indictment, thereby beneficial to actual judicial practice. Full text has three sections, more than 32,000 words in total.Educational circles is in blank space charges in an indictment definition in article Part I, first to our country corporal punishment, time distance to spread out for smooth , been in progress. By the educational circles comparison to various blank space charges in an indictment definition, have made clear that the behavior important condition that whose intrinsic characteristics composes for "are committed a crime by it's type-rization concre must consult the other relevant norm document per se" , the form divides blank space charges in an indictment behaviour into relative blank space charges in an indictment and absolute blank space charges in an indictment at the same time.Core part being the main body of a book in Part II part of article. Seal has set forth blank space charges in an indictment theory and real basis respectively. The regulation as far as rationale be concerned, composing important condition's since blank space charges in an indictment commits a crime face to face is not entire , it lets the concrete content committing a crime composing important condition be like having a crack between principle all than the norm document comes to supplement , to lead to thereby blank space charges in an indictment and conviction and penalty according to law other. For this purpose, must answer: Administration law and regulation is the blank space charges in an indictment complement norm, the democratic principle of the rule of law embodying of according with conviction and penalty according to law rule by law or not doctrine? Does that want righteous law doctrine or law end attribute principle whether according with as conviction and penalty according to law or not? Blank space charges in an indictment builds to committing a crimeIn Part III part of article, take Part II analysis , conclusion as theory according to problem has carried out analysis on standard relevance of complement in blank space charges in an indictment. Replenish a norm with consulting being that blank space commits a crime in order to show clearly concretely in charges in an indictment being hit by behavior important condition, standard range , the person trace back complement reaching a force and the person explains problem, relate to functional blank space charges in an indictment bringing into play directly , still should start with the inherent compatibility between blank space charges in an indictment and conviction and penalty according to law principle to here, messenger blank space charges in an indictment both stability having law and opening to the outside world , elasticity having certain degree, "elasticity is not stable but opposing a concept " , both contrary can in the important condition mutually, contacting , drawing support from formation within certain range...