Research On Blank Description Of Crime

Blank description of crime is a Criminal model,that is to say,we need to make referenceto the relevant norms to determine the specific behavioral elements of the crime provided byCriminal Code provisions.The focus of blank description of crime is clarity of the content ofsupplementary norms and specific inquiries about the situation in place.Therefore,this articleexplores ideological foundation and rational basis about blank description of crime,andsystematically collects and analyzes the structure of of blank description of crime based onthe sort of criminal law provisions and typical induction of blank description of crime.The article is divided into four parts and thirty-one thousand words.The first part is an overview of concept and characteristics of blank description of crime.Firstly, we give the definition of blank description of crime and analyze the relationshipbetween blank description of crime and constituent element. Then,we compare the blankdescription of crime with referenced description of crime, analyze their similarities anddifferences in order to clarify characteristics of blank description of crime.Finally, we explorethe position of blank description of crime in the whole counts system,namely, blankdescription of crime has obtained the position juxtaposed to simple counts, stating counts andcited counts.The second part is an interpretation of the theoretical basis and the establishmentfoundation of blank description of crime. In this part, we firstly analyze the theoretical basisof setting and interpretation of blank description of crime from the substantive requirementsof statutory Crime,discuss the normative of blank description of crime from the form side ofstatutory crime, clarify that blank description of crime is not equal to vacate elements fromthe substantive side of statutory crime.Then, we regard the principle of Modesty of criminallaw as a foundational requirement,expand the reasoning process to find sources of law,ensurea reasonable grasp of crime standards.Finally,we indicate that the existence of blankdescription of crime is not only the objective needs of the systematical architecture of the lawbut also the requirement of inherent discipline of statutory guilty.The third part is a typed analysis of blank description of crime. Firstly,we divide blankdescription of crime into typical blank description of crime and atypical blank description ofcrime,and clarify circumstances that should be excluded,to facilitate the discussion, we show the distribution profiles of these types in forms.Then,to analyze characteristics of atypicalblank description of crime,we choose guilty dereliction of duty provisions.And then,weanalyze and summarize circumstances that should be excluded..Lastly,we summarize thedistribution law of blank description of crime.The fourth part is an analysis of structural elements of blank description of crime.Normative documents cited are called supplementary norms of blank description of crime,and the analysis of structural elements of blank description of crime is the analysis ofsupplementary norms of blank description of crime in reality. In this part, we firstly discussthe presentation form, the rank, the scope and the content of supplementary norms.Then,theprocess of looking for sources of law lead to the analysis of the tole and risk of judicialinterpretation,on the one hand,we reveal that judicial interpretation is the link betweenprovisions which belong to blank description of crime and supplementary norm, on the otherhand,a case study in illegal business,we analyze the phenomenon that judicial interpretationrelated to blank description of crime is beyond the scope of supplementary norms,and pointout the existence of law-making risk.Finally, we further clarify the close relationship betweensupplementary norms and criminal law provisions, deem that supplementary norms fills thespecific content of the missing conduct elements of the Criminal Code provisions where blankdescription of crime lies, plays a role in closing and enriching composition of crime, this itselfputs forward higher requirements for administrative legislative power and level,and the articleproposes solutions paths on how to achieve a virtuous docking between supplementary normsand criminal law provisions.