Study Of Issues In Legislation Of Criminal Law Amendments

With the constant development of the society in China, crime has emerged some new situations since Penal Code was re-enacted in 1997. Timely supplementation and amendment to Criminal Law according to the changed situation and the requirements of combating the crime is an effective approach to perfect China's Criminal Law. In addition to the first amendment model of adopting single Criminal Law, Legislature in China adopts the model of Criminal Law Amendments on the amendment model of Criminal Law; therefore, the amendment model has its unique advantage in amendment of Penal Code. China has introduced sever Criminal Law Amendments since the first Criminal Law Amendment was enacted in 1999. As the only model to amend Penal Code, Criminal Law Amendments not only maintain the stability and completeness of Penal Code as well as make up the adverse consequences of over adoption of attached Criminal Law and single Criminal Law, but also solves the major issues of existing in the criminal justice field to the great extent. However, with the continuous emergence of new crime and frequent introduction of Criminal Law Amendments, the amendment model increasing exposes shortages in many aspects. This study focuses on the issues existing in the legislation of Criminal Law Amendments in order to make the Criminal Law Amendments to be more rational, scientific and legalized through specific analysis combining theories and the practiceThe paper is composed of the preface and other four major parts. Preface mainly introduces the amending background and the status of Criminal Law Amendment so as to draw the contentious issues existing in legislation of Criminal Law Amendments through the summary of limitations and advantages reflected in the legislation of Criminal Law Amendments.The first part mainly discusses the issues of legislative right of Criminal Law Amendment and proposes the existing issues of legislative right attribution of Criminal Law Amendments, that is, whether National People's Congress enjoy the full legislative right of Criminal Law Amendment. With respect to this issue, conclusion of National People's Congress only enjoy part of legislative right of Criminal Law Amendment is conclude by dialectical analysis of the two different viewpoints existing in theoretical circles.The second part mainly discusses the relationship between Criminal Law Amendment and the history of other Criminal Laws, including more specific discussion of the relationship among Penal Code, Single Criminal Law, Ancillary Criminal Law and Legislation Explanation. It is intended to highlight the unique advantage of Criminal Law Amendment on the amendment of Penal Code through respective summary of the same and different points of content among Criminal Law Amendment and these aspects.The third part mainly discusses the effectiveness of Criminal Law Amendments. Since it is the issue with most disputes in theoretical circle, it is the focus of the whole paper. The content of this part is to carry out the discussion from retroactive effectiveness, effective time and judgment quotation aspects. Retroactive effectiveness and effective time of Criminal Law Amendment are discussed through analysis of the existing viewpoints and the approach of leaning to one viewpoint. However, for judgment quotation processing, it is elaborated by proposing new understanding of the existing viewpoints different from the theoretical circle, which is intended to raise new dispute by the explanation, so that to deepen the issue and accelerate the solution of the issue by legislature.The fourth part is the concluding chapters, it summaries the defects existing in the legislation of Criminal Law Amendments, conducts full analysis to the defects in content and form of Criminal Law Amendments, and finds out the source to perfect the model. It proposes relevant perfection measure for each defect with specific perfection approaches corresponding to the said defects, which aims at making the amendment process of Criminal Law Amendment more perfect.The whole paper analyses the contentious issues existing in the legislation of Criminal Law Amendments with an objective perspective and hopes to draw the attention of relevant legislature to solve the issues as soon as possible in order to realize the optimization of Criminal Law Amendment to the amendment of Penal Code.