Blank Counts Research

97 Penal Code of China contains the highest number of blank counts. According to my rough statistics, in the current Penal Code and its seven amendments, the number of the provisions for blank counts is 58, accounts a total of 74 charges. We can see the importance of blank counts in our criminal law system. At the same time, 97 Penal Code first time establishes the principle of legality the basic principle of our criminal law. Since then, criminal law scholars in China argued whether the blank counts violate the principle of legality or not. Other related theoretical issues and a lot of questions, from the different perspectives, many later scholars express that exist on their rationality and irrationality on blank counts and put forward many proposals to improve the system.In this paper, a blank new counts to be from another point of view of research and assessment, for criminal law scholars have been debating whether or not the blank counts of breach of the statutory crime and legal professionals attribute the principle of clarity and legal issues, through a detailed theoretical analysis of the expression its own point of view - does not count blank principle contrary to the statutory crime. At the same time, the process of writing this article also encountered some problems, such as: gaps in the key functions of the counts is to maintain the stability of the Criminal Code, and referenced laws and regulations often change with the social situation of the growing waste, amendment and enactment, which is a direct impact on the stability of the penal code? In addition, provisions of criminal law to change the blank counts, and whether it will affect or be in the light of supplementary norms and change them? In short, there are still many gaps in the issue of the pending charges.The full text is divided into three parts:First of all, the first part mainly talks about scholars of China's criminal law to the counts under the definition of a blank to the theoretical development of a list in chronological order. And then count through the academic concept of the blank there are still differences between the issues of assessment, defined the essential character of the blank counts, elaborated on the function of the blank count.The second part is the core of this article. This section of the main counts against gaps in the theory of some controversial issues, such as blank count with the crime of statutory principles, criminal law and criminal law or social functions of detail and analysis that the author's point of view.The third part, the main counts of the blank supplementary norms related issues are described. Supplementary norms for blank counts in the acts of specified elements of the specific crime of reference, its scope, the issue of retroactive effect change and a direct impact on crime in the Penal Code a blank in the role, which the author of China's current criminal Analysis of legislation, summed up the scope of supplementary norms proposed additional changes to the same norms lead to changes in China's Criminal Law, and the retroactive effect of the blank count is required depends on the norms of the legislators added motivation to change.