On The Applicable Principle Of Enactments Overlapping Of Current Criminal Law

With the development of criminal legislation,enactments overlapping of criminal law arises.It is the reaction of complex social relations which criminal law protects.Accordingly,because of the complexity of enactments overlapping,the applicable principle of enactments overlapping has a certain degree of confusion,which has brought a lot of confusion to the judicial practice.Confusion of the applicable principle of enactments overlapping exists both in technology and value.Confirming incomplete of the types of the applicable principle of enactments overlapping and non-standard using of legislative language are part of the deficiencies which reflect in technical aspect.The conflict between the basic principles of criminal law and the applicable principle of enactments overlapping is the most part of value aspect.Which one should be used first:the principle of suiting punishment to crime and crime responsibility or the principle of a legally prescribed punishment for a specified crime.Actually,both of the principles are complementary,each of them plays an important role in the election and classification of enactments overlapping.Their only difference shows in hierarchy and range.The principle of a legally prescribed punishment for a specified crime has a priority to the application of enactments overlapping,and the principle of suiting punishment to crime and crime responsibility is supplementary.The embarrassment which applicable principle of enactments overlapping encounters is due to the imperfections of the legislation itself. The fundamental way to solve the problem is to improve criminal legislation continually.However,as the law is always normative, therefore,in the event of enactments overlapping happens,the legislation explanations have to keep pace with the need timely.In addition,the scientific use of language in legislation and adaptation of a wide range of different technical experts' views also helps to improve legislation.