| The18th CPC National Congress clearly and comprehensively promotes the rule of law and accelerate the construction of a socialist country ruled by law, and it makes a major deployment on the rule of law. The Fourth Plenary Session of the18th first take "the rule of law" as the theme, and promotes the rule of law to build a socialist country ruled by Chinese characteristics. In the "CPC Central Committee decided to advance the rule of law on the overall number of major issues" passed by the18th CPC National Congress, in order to strengthen the building of lawyers, the Decision has made a lot of specific measures-complementary from "building society lawyers, public lawyers, corporate lawyers and other advantages structure, reasonable lawyers team" to the rule of law for the first time will be included lawyers workforce category, calls for strengthening the building of lawyers, conforms to the trend of the developing of the legal profession, provides a strong protection for legal practicing. Lawyers are an integral part of the rule of law. Without lawyers, law-based market economy, it is difficult to maintain, to due process for the protection of the legal balance would be difficult to calibrate; without lawyers, who safeguard legal rights of clients elusive and maintain proper implementation of laws is the wrong way. Safeguarding social fairness and justice cannot be done.On the occasion of the construction of the golden age of Chinese rule of law, the author focus on the306th of the "criminal law",which shows the hysteresis quality of the law. Since the306th came out, the dispute has not been subsided until today. In this dissertation the author attempts to discuss the306th, and probes into a path to solve all the problems.This dissertation is divided into three parts, the first part mainly deals with the overview of the306th. After introducing about the basic concept, the author carries out an analysis by the traditional four elements method of the criminal law study, especially from the objective aspect of this crime behavior to the correct understanding of the provision. In the end of this part, the author briefly introduces the story of this crime’s legislative background and purpose.The second part, the author sorts out all the current issues of the306th, first introduces about its of big discussion, then describes the serious defects of the legislation and its confusion in detail from two angles of legislation and judicial practice.In the last part, in view of the above problems, the author tries to explore the306th, from the modification on the substantive law to the innovation of the procedural law, finds a way to solve for the306th. |
