Study Of The Blank Counts And Complementary Norm

The blank counts is the important content the specific provisions of the criminal law and the basic standard to determine whether an act constitutes a crime. Its most striking feature is that the determination of specific criminal constitutive requirements or features must be reference to other laws and regulations(or law). Now the study of the blank counts is not thorough, in the theory we usually selects from Principle of legality to look for reasonability of surviving, few other problems, so the author researches the blank counts in the important of the angle of judicial application.This dissertation is divided into five chapters. The first part, on the basis of defining the concept of blank crimes, the author delimits the scope of the blank counts and lists the blank articles of criminal law, starting with analysis of language feature. The author discusses the expressional forms of the blank counts, starting with classification. The second part, the author discusses position that the complementary norm of the blank counts in the entire criminal law system. Through the analysis of relationship between clue words and article 96 of the criminal law, it is concluded that the scope of complementary norm. During the period of affirming a crime, the role of complementary norm is only supplement and reference, so the gap does not exist in the principle of legality and the blank counts. The third part, the author mainly discusses the relationship between criminal liability and complementary norm. The author considers that civil liability, administrative liability and criminal liability are toxicity independence, can’t transform each other. But there is a big correlation between them, if a litigant bears the civil liability and administrative liability, can affect criminal liability. The fourth part, the author mainly discusses the problems should be noticed in the process of apply the blank criminal law. First of all, interpretation of blank criminal law provisions, you must insist on the independence of the criminal law, and explained from the angle of the essence. Secondly, the change of the complementary norm is not a change of the criminal law provisions. Finally, the choice of the complementary norm is not arbitrary, but to adhere to certain principles. The fifth part, in order to make readers image understanding the application of the blank criminal law in the judicial practice, taking an example of traffic accident crime, the author discusses three aspects: the relationship between the party responsible of Road Traffic Safety Law and criminal liability, implementation behavior for traffic accident crime and the actor’s subjective aspect.