Blank Penal Code And Specification Coordination And Convergence

Since the concept of blank panel code was put off,,it was extremely concerned ,in our country we chiefly discuss about it on blank description of crime.It is known to us that the blank panel code has many merits,such as its content is concise and stead relatively,meet the need of punishing crimes.However,the defaults are following the merits,blank panel code is too.Balnk panel code is concise,but it is possible to cause the meaning utmost abstraction,enhace the difficulty of explain; balnk panel code is steady but the laws and regulations it refer to change usually,which lead it to vary very much in spite of seeming steady; balnk panel code accord the need of punishing crimes,but it is possible to aggravate the invision of right and interest of individual.The problem of two aspects of balnk panel code is the difficulty of explaination about article. The content and term of many articles are extremely special,which can not be explained only from panel law itself.Therefore,it need to refer to other laws and regulations,and the meaning of the term in laws and regulations is sometimes the same as that in penal and sometimes not,which is easy to bring about conflict and disharmonious.The conflict and disharmony exercise a great influence on the application of blank panel code,so that how to coordinate penal law as well as other laws and regulations is of great improtance.There are two ways to the coordination of blank panel code,one way is legislation,by lawmaking and revision and abolition of laws and regulations,which can resovle the conflict and disharmony fundamentally.The other way is expalaination of law,by observation of principle and rules,with scientific method of explaination,to acquire the coordination between blank panel code and laws and regulations.The paper bases on the way of explaination of law, analyses the problem of blank panel code and its complementary norm,then points out the reason of the disharmony between blank panel code and laws and regulations,at last puts off the tentative plan of coordination and link between blank panel code and its complementary norm. This paper includes four parts:Part one:arranges the definition of blank panel code and blank description of crime,sums up the characteristic of blank panel code,through comparation of necessity of it and its problem,points out that the imcomplete content of blank panel code is the imcompletation of the condition of constitution of crime, though it is possible that it will be conflict between blank panel code and the principle of a legally prescribed punishment for a special crime, blank panel code has its own deep-seated cause,we should think that blank panel code will not be disappear whitin a long time,we must take seriously the explaination of it,so as to apply it much better.Part two:points out the key of the problem of blank panel code is make sure the range of its complementary norm,as well as the election of complementary norm.By introduction of the problem of its complementary norm,point that the range of the complementary norm are laws and regulations in article 93 of the criminal law.Further,thinks that when choose the complementary norm,we should stick to the unity of system of law,and stick to the restriction of the benefit of law,and do not take the article of criminal liability as sign of application.We should stick to the independent judgement on penal law though its complementary norm is changed.Part three:based on the analyse of blank panel code and legal crime,points that the reason of disharmony between blank panel code and its complementary norm is the inconformity of legislation main body,that of aim of legislation,that of structure of norm,that of method of explaination.Thinks that the principle of coordination of blank panel code and its complementary norm is to stick to the independent judgement on penal law and think that lawful act is not crime.Part four:based on the conclusion of three chapters before,points out the concrete rules of the coordination and link between blank panel code and its complementary norm,namely the coordination and link about the condition and consequence of law.Those are object the coordination and link of objective aspects and subject and subjective aspects about condition of law, comments that the method of independent judgement on penal law with concrete crime.In consequence of law,we should stick that it can not be converted among criminal reponsibility and civil reponsibility and administration reponsibility,but they can affect criminal reponsibility.