| The amendment of the criminal law is an important legislative work that deals with the modification and complement of the criminal law articles.In western countries,the revision of criminal law mainly apply these three ways:the amendment to the criminal law,separate criminal law and subsidiary criminal law. Compared to them, the establishment and revision of the criminal law in China have been carried out in the year1979and1997respectively. Amendments have been used maturely to revise and supplement the current criminal articles. Until now, eight amendments of criminal law have been approved. Despite its crucial role in social defense and protection of human rights, we should define the scope in which the criminal law can intervene rationally and determine reasonably the content of modification. We cannot merely target the revision of the criminal as a way to remedy legal loopholes, and entail all social misconduct into the range of criminal law. If not,the foundation of criminal law,the principle of legality and restraining criminal law will be lost.The foundation of the criminal law serves as the guiding idea in the process of the revision of the criminal law. The current revision bestows too many responsibilities of regulating the social relation to the criminal law, The restraining criminal law leads to not be well represented.At the same time, the amendment of criminal law approach is not sufficient to deal with the complex social change, need to re-examine the amendment of criminal law, considering improving from a variety of ways. In this, it is necessary to establish the criminal law revision tracking evaluation mechanism, grasp the dynamics of changes to the content of practical application effect, so that timely correction.Thus,the purpose of this writing is to solve the issues of the contents and approaches to amend the criminal law, try to build a more scientific and reasonable system of criminal law and enhance the quality of criminal law. |
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