A Study On The Rules Of Setting Up Legal Offenders

Increasingly diverse social life has caused increasing difficulty of social management, the rise of science and technology in the development of new industries has also produced a new pattern of crime some lawmakers unexpected. Changes in economic and market developments affecting the social life of the criminal law of nerves, especially in legal and administrative areas relevant to commit more criminal legislation is increasingly occupy a more important position. The special nature of legal decisions made in its legislation and not simply a natural way to commit the same.For committing statutory legislation has become increasingly prominent and increasingly acute between the Penal Code and legal stability guilty rheology contradiction, this paper from the principles of nature and criminal legislation statutory committed to proceed, many of the principles put forward legal and criminal legislation should follow detail. Specific sections as follows:Introduction Part : First introduced current legislation and legislative statutory commit the existing problems, such as crime-related provisions of the Criminal Code in this stage of the legal and administrative commit Cohesion cracks exist, it is difficult to guide practice; continuing to adopt China’s Criminal Law Amendment, concerns about the stability of the legal issues become our criminal legislative changes had to face.Chapter One: Legal guilty basic theory. This chapter of the legal concept of guilty were combed, and pointed out that the reason for committing statutory extension vague mainly because of the substantive definition of morality and humanity as a criterion for distinguishing the presence of certain defects, and therefore in violation of administrative law proposed management provisions It is defined as a form of the premise. After clarifying the concept, this chapter the characteristics of legal offenders carried out and are made from the statutory volatility, double illegality, Components chopping and white guilt and other aspects of the natural commit phase difference.Chapter Two: Statutory committed legislative rules. This chapter respectively, the legislative purpose of committing statutory, legislative techniques and the creation of legal commit specific criteria for the content, step by step, summed up the whole set of legal system committed legislative rules. Statutory guilty because of its special nature, closely related to administrative law and social governance, which requires statutory legislation to commit to social changes make timely response, which requires legislation to make legal concern people’s livelihood, concerned about the social hot constant concern administrative penalties in cases of high incidence of type. The stability of the Penal Code and the requirements of the law can not be arbitrarily changed, for harmful behavior, the first legislation to adjust the general laws and administrative regulations, that is, first identified as administrative violations, when the shortage of administrative punishment of crime deterrence pathway consideration, by measuring the pros and cons of legislation and can not stand, draw the best option. In particular judgment, can make use of the natural sciences logical thinking, according to research data analysis, such as a comparison of the number of cases of administrative violations, the proportion of secondary offenders occupy and direct and indirect economic losses to society through social harm illegality and secondary screening, ultimately determine which offenses can rise to legal guilty.Chapter 3: Legal commit penalties settings. That made statutory violated the criminal law, but only if a violation of administrative law, and therefore that is legal to commit a crime is illegal, that is subject to the corresponding penalties but also subject to administrative penalties. This chapter of "The Punishment No Longer" understanding the principles and clauses of concurrence for the interface between penal and administrative penalties, the creation of the formula set off against the penalty and administrative penalty. According to the legal nature committed with respect to commit, its perpetrator’s knowledge level, a higher degree of specialization and their revenge on society weaker these features make the statutory penalties set should uphold the purpose of punishment theory, correction and prevention of recidivism for the penalty goal, to promote qualifications and criminal use of criminal fines.Chapter 4: Legal Crime Legislation Pattern. Chapter for some scholars advocate changing the current legal guilty unified legislative model transplanted Germany and Japan "dual track" legislative model, in the Criminal Code only provides content naturally committed, statutory commit scattered in various administrative regulations which, in the corresponding administrative law provision that offenses and the corresponding legal punishment. Although the two-track system has been adopted by most civil law countries, but in our legal system as a whole, it is difficult to obtain an effective use of fear of the "Orange Health Huaibei trifoliate" consequences. Instability caused by the Criminal Code is not the crux of unified legislation, two-track system can not solve the actual volatility commit statutory legislation, but "transferred to the battlefield." Therefore, under the current legislation, the legislation does not need to change the mode of single-track system, with emphasis on the need to improve at the same time should be more prudent to expand the circle of crime, criminal law and administrative law and strengthen the coordination and unification.