Dimensions Of Penal Code Amendment

Refer to amending penal code, there are a mass of concret and microcosmic researches on single criminal laws and penal code amendments, so the article plans to do a macrocosmic research on technical and formal aspects over these amendings. It is expected that those latent rules and potential issues can be discovered, and that a feasible way out can be put forward. Firstly, the social vicissitudes and decodification beget amending penal code, which is coincident with jurisprudence. However, stability is the inherent need for code. In this way, how to solve the strain relationship between amending and stability becomes one of the pending issues. Secondly, the power of amending basic laws is prescribed by constitution in China, which means amending penal code has to accord with the constitutional prescription. But they collide virtually on subject, times and the content. This conflict is also required to be solved. Thirdly, the article tries to portray the profile of current amending penal code on object, frequency, form, mode, legal preparation and emergency. At last but not the least, in allusion to the issues of legislative technology, mode and system which are exposed during amending, we should resolve them via standardizing legislative technology, consulting French Civil Code and closing to multiplication system. At the same time, successful experiences of foreign penal code amendments can be used for reference for us, and it is suggested that we should walk up to the multiplication system so that aforementioned issues can be figured out.