Research On Legislative Model Of Criminal Law

The legislative model of criminal law isn't a heat topic in criminal law study field. So there are few textbooks that elaborate it singly, on the contrary, we only summarize it in some related chapter. After we constructed our new country, the legislation of criminal law up and down several times, the legislative model of criminal law also experience from simple to complicated during sixty years that is an uncommon period. As the expression of criminal law, we can separate legislation model into four parts from the global vision. They are the code legislation model which is represented in continental genealogy of law; the case legilative model which is represented in Anglo-American genealogy of law; the special regulation legislative model and subordinate legislative model that are applied by most countries in the world. There are several elements that influence the legislative model, such as economic element, political element, historical traditional element and so on. The influence that comes from ecomic element is decisive; the influnce that comes from political element is important; we also can't neglect the influence that comes from historical tradition element. Each legislative model has its own special value. The value of criminal code is the definition and stability, which is inherent in code. Definition is the inherent value in code, it can provide predictability for people's beheavior. We can seek advantages while avoiding disadvantages, and prevent the power of punishment from being abused, and protect the basic right of person. Stability is the other important value of criminal code. Criminal law is the basic law in our country. The draft of criminal law is a long and sophisticated process. Each criminal code is mixed with the essence of legislators wisdom and the expression of people. The prospective predictability about criminal tendency, which is made by legislators, it is possible for the stability of criminal code. Case law is based on the doctrine that abide by decided cases and it forms the value of individuality. The important values of separate criminal law and accessory criminal law are that they can add, amend, and improve the relevant parts in code.The tradition of Rome codified infected deeply to the Europe continental countries. For example France issued criminal code in 1810 and criminal code in 1994, Germany issued "Empire of German Criminal Code" in 1871. These codes infect greatly to the European continent and other countries and areas in the world. The countries of Anglo-American law system possess the tradition of all case law. But they also pay attention to statute law, and draft many special criminal regulations and subordinate criminal law. Compared with the two systems, we find they both respect historical tradition and learn from each other. Our criminal legislation is codified tradition, and after 1949, the legislative model of criminal law experienced a changing period. On the eve, special regulation of criminal law dominated the realm of law. Later 1979 criminal law and subordinate criminal law were issued, the situation of three divisions was formed. Now the criminal bill of amendment is worshipped very much by legislators and scholars, and acts as dominator in the realm of law system nearly ten years. Criminal code that advantages eracting the authority of criminal law and fufill criminal constitutionality, to operate judicial practices. But it can't attack new crimes in time, and it can easily become conservative and deadlock. Criminal bill of amendment can improve the defect of code immediately, and preserve the integrity and uniformity. But they are issued efficiently and the quantity of content is absulutely different. Separate criminal law can also improve criminal code, but it can destroy the integrity of code easily, and it's unconvenient for lawmen to apply. Accessory criminal law can't reflect the essence of integral crime. Criminal bill amendments are issued frequently ,and that harm the law authority.The content of criminal bill amendment differ greatly.Now towards criminal bill of amendment is so popular, the author believes that we should insist the rule of law about socialism , start from reality and study foreign experience,we should treat the value of separate criminal law and accessory criminal law again, and reserve the room for them, and utilize their advantages. I suggest that we should apply criminal bill amendment mainly to improve criminal code, and apply separate criminal law and accessory criminal law auxiliarily. This should become the obligatory selection that the future legislative model of criminal law.