China's Criminal Law Blank Counts's Status Quo Reflection And Improvement

Blank counts are the next- level concept exists in the Sub of the Criminal Code. With the statutory committed Crimes(As opposed to natural crimes)and with the expansion of the economic and social relations between the adjustment and the expansion, a growing number of blank counts of criminal legislation norms exist in the Penal Code.There is a question of the relationship, between the blank counts existence and statutory offences, that is, whether in a democratic, and other aspects, that the blank counts and legality of the existence is disharmony or note And how to minimize the discord, is a study on the blank counts unavoidable topic. Speaking from the practical level, my amendment to the Penal Code and the Penal Code provisions blank counts a total of 65, for these crimes, judicial personnel must first solve this crime "Criminal Illegal" prerequisite for judgments. In the administration of justice that we can correct conviction and sentencing depends on whether we can accurately identify and grasp blank counts and the quality of legislation about the blank counts, is the premise and key.The article is divided into four parts:Partâ… , start from existing research, the paper sum up the blank counts of the Basic characteristics, based on the classification of different perspectives, analyze their differences, and through introduce the blank counts' basic characteristics of and the essential character of classification, to get the more clear understanding of the blank counts.Partâ…¡, the existence of the blank counts has its theoretical and practical foundation. On the theoretical basis, the blank counts make other regulatory documents to added identified the Crime poses the specific content of the elements, it is easily be suspected violation of legality, but in another side the blank counts and the "Crime and the penalty must be consistent with the provisions of the Penal Code" between the deeds of a larger fit. Blank counts more inclusive caused the criminal law was greatly expand the scope of, and the Penal Code have deviated from the requirements for limited nature of criminal law. However, blank counts and the reality better adapted to the rapid development of the requirements of the times, to some extent, this is in line with the requirements of the Criminal Code of Modesty. In addition, from the point of view of the Penal Code social function, the blank counts seems only beneficial for the maintenance of social order and brought great challenges to the protection of human rights of citizens . Of course, this issue should be seen in historical perspective, different historical backgrounds, the criminal law's social function may be different emphases. Accordingly, the blank counts still has the value of its existence.Partâ…¢, simply retrospect blank counts in China's Criminal Code and the amendatory acts(1-6), and analyze the existing problems. China's Criminal Law blank counts: First, blank counts of "crime norms" is inconsistent, Not coordinated, do not meet stringent legal provisions on the principle of unity; Second, the blank counts normative documents level is too low, Contrary to the principle of legality, and it's difficult to the judicial practice; Third, under certain circumstances, Intentionally negligently two forms of sin at the same time are written a legal provision; it will make the Legal Sentence lead to the unreasonable allocation.Partâ…£, there are so many problems still with the Blank counts. To this end: strictly limit the legislative scope for the blank counts, clearly based on the Frame of reference of the blank counts, actively dealing with the Standardization changes in the scope of crime changes in the norms of substantive.In addition, the existence of the blank counts means that the circumstances of the crimes identified, this point is the front of judge as the prerequisite to other laws and regulations. Therefore, the judicial recognition blank counts of practical significance higher than its theoretical foundation, inadequate legislation and improvement of the assessment. It is worthy of further study the important topic of practice.