Study On The Function Of The Subsidiary Criminal Law

In criminal law theory, in accordance with the scope of the criminal law can be divided into ordinary criminal law and criminal law in particular criminal law, especially criminal law which refers primarily to a single line of criminal law and criminal law norms subsidiary. This shows that the subsidiary is one of the main sources of criminal law criminal law, is an integral part of the criminal legal system. Accessory Criminal Law is a special adjustment of social relations, involving all aspects of social life, has its specific nature, form and function. Accessory Criminal Law refers to an active role in the function of criminal law might play a subsidiary, its function is based on the characteristics of the subsidiary criminal law, there is a pattern, and the position in the legal system.Around the world today accessory criminal law norm is an important part of the criminal legislation. To ensure complete science of criminal law system, and is more closely linked, more unified legal system, promote the construction of the rule of law society, it is necessary to give full play to the subsidiary function of criminal law norms. In some developed countries, the law the accessory criminal law standard has already begun to take shape, and plays a major role, but the accessory criminal law norms in our country mostly only its shape, no practical significance, let alone to function. This article from the perspective of theoretical research and the accessory criminal law standard function, but also according to the accessory criminal law legislation present situation and problems in China, how to maximize the accessory criminal law functions.This paper is divided into six parts. Chapter one is an introduction, introduced on the subsidiary criminal law function research the reasons, present situation and significance of the study. Chapter two is a subsidiary function of criminal law concepts, includes a definition of subsidiary norms of criminal law understand the concept and function of legal awareness through a subsidiary function of criminal law legislation, as well as the subsidiary nature of the criminal law to fully understand the subsidiary criminal law of capabilities. Features detailed analysis of the subsidiary criminal law norms in chapter three, is the key part of this article, mainly from the three aspects of his crime, the criminal justice system, legal system to illustrate the subsidiary criminal law of capabilities. Fourth chapter is China subsidiary criminal specification achieved total function history status, status and from analysis get of problem, compared 79 criminal code to 97 new criminal and 97 new criminal issued implementation two stage subsidiary criminal specification function of achieved, compared this two stage of pros and cons, analysis effects China subsidiary criminal specification function played of important factors, by within to outside of analysis various reality and theory of causes. Fifth chapter subsidiary criminal law functions of clear necessity subsidiary function of criminal law in our country, and then focuses on the subsidiary criminal law function what appropriate measures should be taken to maximize, an opinion on the subsidiary legislation of criminal law in our country. The sixth chapter is concluded, through the subsidiary argument of the function of criminal law in all its aspects, be conclusions and prospects for the subsidiary criminal law developments.