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Study On The Legislation Of Criminal Amendment

Posted on:2009-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:X F ChenFull Text:PDF
GTID:2166360242987891Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As one mode of amending criminal law, criminal amendment takes an active part in keeping criminal code steady and in line with social development, especially in China. Since enacted criminal code of 1997 edition, China has enacted only one single criminal file, and then used criminal amendment to amend criminal code. From this, we can see the favorites of criminal amendment by legislative organ. The mode of using criminal amendment to amend criminal code surely takes an active role in keeping the stability of the code and making the code advanced with the time. But as time flies, this mode also unfolded some problem in legislative theory and technique. This thesis intends to discuss the problems and pursuit the counter measures.This thesis can be divided into introduction and five sections. The introduction simply discusses the original intention of writing this thesis. Section one look back the emerging background, characteristics and the sense of criminal amendment; state the necessity of this mode; compare the criminal amendment and other relative conceptions, in order to understand this mode deeper. Section two mainly discuss the validity time of criminal amendment and how to cite the amendment in judgment, at the same time oppugn the rationality of the judicial interpretation which was issued by the Supreme Court. Sections three discuss the limitation of criminal amendment in such aspects as the amending party, the style and the technique. It tries to analyze the limitation of criminal amendment in all aspects, in order to offer the cause of settling the problem. Section four describes some mode and experience of amending criminal code in foreign countries. The last section is the keystone of this thesis. It discusses how to perfect the mode of criminal amendment in three aspects: the first is to definitude the amending party in law and should avoid the unconstitutional ingredient; secondly, the amending style should be stricter in order to make criminal code more concerted; third, the amending technique should be more researched and improved, so that the criminal amendment mode can be perfect.As the ability limited, and the information is not ample, this thesis surely has some shortage in the depth of content. Looking forward more study on this area, in order to make our criminal amending mode perfect!...
Keywords/Search Tags:Criminal amendment, legislative mode, amending idea, amending technique, amending party
PDF Full Text Request
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