On The Defects And Complement Of The Amendments Of The Criminal Law

The amendment to the Criminal Law is an important criminal legislation, which adds, amends or repeals some of the content of the existing Criminal Law. And that can make the Criminal Law more scientific. China is currently in a period of change and the social life is complex and changeable. The types of crime and the increasing manifestations of the community are becoming increasingly dependent on the criminal law; At the same time, traditional crime has not diminished, and even more seriously, people's demand on the legal protection is reflected to the legislature in a timely manner through various channels such as the media; The internationalization of crime trends have prompted China gradually to join in a number of international conventions, which also makes punishing crime become increasingly cooperative with international society. And the legislature continues to face the social pressure from international society. In addition, the national crime statutory concept and the protection of human rights awareness of the judiciary staff increase gradually. Thus, for quite a long period of time, China's criminal activities of the legislative and judicial interpretation will be very active. However, as an important amendment to the Criminal Law, the criminal legislative activities during this period has never been paid the attention they deserved, and the research of status quo is not satisfactory, which could not play its due role. With the conflict between it and the judicial practice becoming even more fierce, which has seriously affected China's process of building socialist rule of law. Therefore, how to improve the amendment to the Criminal Law to make it more perfect is of great significance of China's Criminal Law's richness and development.Since the promulgation of the Criminal Law in 1997, China has carried out its seven local amendments (a single criminal law and six criminal law amendments). Due to the influence of various factors, there are some defects existing in the legislature: there are misdemeanours in the guiding ideology of tendency; the absence of the exercise of ownership in the amendments; improper timing of amendments; the deficiencies on the form and content of amendments and so on. After these issues are analyzed in this paper, the corresponding measures are proposed: establishing modesty principle of amendments, definition of that ownership, timely amendment of Criminal Code, building diversified amended model and improving the coordination of the amendments content and so on. With these measures we hope our country's criminal legislation level will be improved a lot in the future.