Miscellaneous Provision Of The Applicable Criminal Law

The criminal law of the countries of the world, no country can be included in the social life of all without the occurrence of crime in the penal code. In order to maintain the stability of relative lag, written in the criminal code of effectively preventing the provisions of the law, in the criminal law of our country set up a large number of miscellaneous provisions. The fallback provision in criminal law provisions usually with "the other" and "other" general language is characterized with blocking, intercepting the inexhaustible behavior of escaping criminal responsibility, criminal protection of stability and social adaptability function. But the general provisions of criminal law as a type abstraction, elastic, the maneuverability is strong, the effect of the application has been praised by the public questioned. The theory and practice of the fallback provision is in accordance with the basic principles of legal system, is beyond the scope of the security function, as well as a fallback provision of legislative and judicial issues such as the value of the study of sharp. The author believes that, along with the continuous development of the change of social life, has its own value and significance for the judicial practice of fallback provision. But the judicial application, ambiguity caused by expression of general provisions of its own, often prone to the wanton abuse of discretion, reveal all the details in terms of the interpretation of scientific problems. Discussion on problems of fallback provision applicable, is from theory to practice and then to theory deepening process, which can deepen the understanding of the fallback provision in theory, correct understanding and accurate application so as to better guide the judicial practice of the fallback provision.This paper consists of three chapters, the main contents are as follows:The basic theory of fallback provision. In depth analysis of the basic concept for the controversial theory of fallback provision of the scholars in our country, and from the objective and rational point of further analysis of its basic meaning. On the criminal law and the provisions were analyzed from the basic meaning, the key provisions in the specific provisions of criminal law and the criminal objective behavior for this application. To conduct a comprehensive sort and research status of the judicial application of the second chapter reveal all the terms of the objective aspect of the crime behavior. First of all, the application of the provisions of the number of cases and case study in type China referee instruments online survey, analysis of the fallback provision is mainly concentrated in the connection type to the crime of endangering public safety, the crime of illegal business case. Secondly, the existing provisions in the judicial application of the problem are summarized and analyzed, mainly in the dilute the legal principle of crime and punishment, to expand the judge judicial subjective factors and make the judicial interpretation for the direction of the dominant terms etc. The criminal law provisions applicable to the basic problems, expounds some ideas for the proper application of the. In the criminal law provisions of its inherent abstract and general features of the crime, the author thinks that we should apply to the right in two aspects. First is the science to establish suitable basic rules of interpretation is to explain the rules of interpretation, the same value and connotation of rules, restrictive interpretation rules to clear the fallback provision; second is the judicial personnel shall adhere to the basic principles, establish the legality principle in favor of the defendant, the restraining criminal law principle is correct and reasonable. Hope that through this paper analysis more comprehensive, arousing the public especially the judicial workers for fallback provision of attention, some suggestions proposed by the author for the correct application of the judicial reform in the trial for implementation, ensure judicial justice, improve judicial public faith force, to achieve its proper meaning.