Study On The Problem Of The Amendment To The Criminal Law

The amendment to the Criminal Law is an important legislation, whichmake up for the leak of the criminal law and promote perfection of thecriminal legislationAs far as the amended code is concerned，Since enacted criminal code of1997edition, the Criminal Law amendment has take the place of aSingle Criminal Law，which has superiority in keeping stability andmaintaining integrity of the criminal law。It is clear that it is veryimportant for the study of criminal code of1997edition to payattention to the Criminal Law amendment， which is beneficial tocomprehensively know the success and failure, guide the amendment tothe Criminal Law in the future。The legislature has carried out eightcriminal law amendments that offer much background information to Theamendment to the Criminal Law，thus， the author hope that we can getThe understanding of the whole by particularity managing criminal lawamendments。 Historical introspection is the impetus to thedevelopment in the future。 Many scholars study the criminal law amendment From the micro perspective in the past，as a result, there isa little of monographs，Master’s thesis and doctoral dissertations, sothe author manage criminal law amendments from the macroscopicperspective。In the article，the author will study the main content ofThe amendment to the Criminal law and explore some problem thatthe scholars attach less importance to。This paper is divided into five parts:The first part is the Overview of the amendment to the Criminallaw。 The part mainly studies the concept of the amendment to theCriminal Law and the amended code of the criminal law。 The authorputs forward the Whole layout of the article by Defining the concept，meanwhile，there is a Elementary understanding about differentamended code s of the criminal law。、The second part discusses the history of the amendment to criminalcode of1997edition。Firstly，we see the advantage by comparing theamendment to the Criminal Law with the single CriminalLaw； for another， in order to Comprehensively understand the characteristic of the amendment to Criminal Law we classify itscontent for the objective standard.The part provides a goodfoundation below。The third part is the basis of the amendment to the criminal Law。Thepart is the key component and the main emphasis of our research inthe article。TO scientifically summarize the basis of the amendment to thecriminal law, it is necessary to explain“basis” as distinguished from“purpose”or“effect”，so the author considers the“basis”as“The mainreason for the concept”， that is，“basis”offers conclusion to“why”。it is premised with defining“basis”,the basis of the amendment to thecriminal law is divided into the theoretic basis and the realistic basis。The fourth part is the principle of the amendment to the criminal law。It isa tentative study，by analyzing the relation between the amendment to thecriminal law and the criminal law fundamental principle、the spirit ofrestraining criminal law、criminal policy，the author comes up with theprinciple of the amendment to the criminal law: To criminal policy andthe spirit of restraining criminal law As a guide。 The fifth part is the Consideration of the amendment to the criminal law。On the basis of carding and summarizing the amendment to the criminallaw, the author reflects on legislative success and failure. To assurance ofhuman rights as the goal, the author puts forward some suggestions,manifesting in three aspect:the first is that the amendment to the criminallaw should switch; The second is related to the general of the CriminalLaw’s amended orientation、the amended important point of the SpecificProvisions of Criminal Law and the perfection of legislative technology;the third is confirmed authority about the amendment to the CriminalLaw。...