The Research On Puzzling Question Of Statutory Crime

Statutory crime as a important concept in criminal theory, is prevailing in many countries of the world currently, different countries and regions have given their own view for statutory crime. But the boundaries between statutory crime and natural guilty, statutory crime and administrative offense still have no agreement to commit. At the same time, to use the statutory crime accurately is based on the correct application of the law. The double illegality of the statutory crime makes it when we found guilty of statutory requires a combination of pre-specification. But about the questions that what are pre-laws, what actions we could take when there is a conflict are still unanswered. Therefore, this paper tries to answer these questions from the discrimination among all the concept, and hope to take out some solutions which are effective. One of the most effective solutions is the retroactivity principle.And the article is divided into three parts.The first chapter discusses the basic concepts of the statutory crime, administrative offense and natural guilty, and their discrimination. Through this way, we will get a comprehensive understanding for the basic concept. we could know about its double illegality. For the pre-law, we will make our own conclusion in the article, namely the pre-law for statutory crime committed by three parts.The second chapter discusses the specifically difficult problems. In this paper, it focuses on the relationship between the pre-law and the criminal law, sometimes there are some contradiction, and the contradiction is the core we will discuss. Including the reasons and the classification for the contradiction, when we meet the problems, what action we can take. Among all the steps we can take, the retroactivity principle is the most important and effective. We reach the conclusion that thin principle is not only allowed in criminal legal norms, it can also used in non- criminal legal norms. Then quote the cases in 《Reference to criminal trial》for proving the completion.The third chapter begins discussion from the crime of false registered capital, we make the measures applied in practice. After the stage that we have a clear understanding of the crime of false registered capital, combined with the latest《Corporate Law》on the provision of the criminal code of the false registered capital crime,we make a detailed analysis on the conflict., propose solutions when there are problems in special time like “window period”. before the introduction of legislative interpretation,the behavior which was considered criminal should not be considered to be a false registered capital crime.