Explanation Of Blank-norm Of Criminal Law

Blank-norm of criminal law is more frequently applied in the situation that the era of legal crimes has arrived.At the same time,the drawback that there is a conflict between blank-norm of criminal law and complementary norm exposes entirely.Their coordination affects uniformity of legal system on a micro level as well as power of social competition and vigor of social development on a macro level.The way to revise law isn’t adequate for the rapidly changing world,because it takes up a considerable amount of time to follow rigorous procedures.So criminal explanation is the best way to dispel these conflicts between blank-norm of criminal law and complementary norm.In that case,how to explain blank-norm of penal law is an urgent task worthy to further discuss.One can draw a conclusion that the features of blank-norm of criminal law include vacuity,inclusion and connectivity,which are different from the other criminal law,and there is a conflict between the blank-norm of criminal law and complementary norm,such as non-correspondence of criminal liability provisions,incongruous description of crime and inconsistent connotation and denotation of the same legal terminology,through the methods of documentary analysis and comparative analysis. Blank-norm of criminal law plays an active role in achieving coordination between the stability and timeliness of penal law and maintaining simplicity of criminal law.It is conducive not only to those conflicts resolution,but also to the realization of those positive functions to explain blank-norm of criminal law.It is necessary to follow the Principles of Legality,the Concept of Modesty and the unification of human rights safeguard and social protection function,and adopt methods of literal interpretation,system explanation and teleological interpretation.The key objective to explain blank-norm of criminal law is to achieve coordination between the blank-norm of criminal law and complementary norm.So it is essential to insist on the limited independent interpretation of criminal law,on which the Eased Monism of Illegal based.It means that to interpret criminal law article narrowly and substantially,according to penal law’s aim of protecting legal interests,on the basis of insisting necessary rules of the criminal liability provision. Besides,it is necessary to apply to the behavior of complementary norm.