Study On Subsidiary Criminal Law

Since subsidiary criminal law, affiliating various criminal laws, can be developed and implemented timely and flexibly, it has become an important way of legislation to perfect and remedy the defects and lags in the Penal Code. Thus, being used by many countries in the world.However, as an important part of China’s criminal law system, our study of Subsidiary Criminal Law is relatively scarce. There is more severe lack of case studies on issues that have significance on legal practice, such as the choice of subsidiary criminal law legislation mode, and application of subsidiary criminal law. Therefore, this study of the subsidiary criminal law focuses on legislation patterns of subsidiary criminal law, the coordination of the system of subsidiary laws, and other issues.The main content is divided into three parts in this paper:The first chapter discusses the connotation and value of Subsidiary Criminal Law, its history and trends, features, and types. I believe that Subsidiary Criminal Law should possess three basic characteristics——developed by state legislatures, the criminal nature and the subsidiary nature. Therefore, it should be entirely defined as follows: Subsidiary Criminal Law is a collective appellation of additional criminal codes on crime and punishment ruled in non-criminal laws by the state legislatures, which have criminal legislative power in the development of economic, civil and administrative laws, to adjust particular social relations. Also, this chapter points out that the value of Subsidiary Criminal Law in legislation and technology. Subsidiary Criminal Law has positive significance for the entire criminal norms, being able to play a balancing role between vagueness and clearness, forward-looking and lag, able to narrow down the blank counts, while playing a coordinating role among criminal laws and the other branches of law. In addition, it also has a certain value to the development of criminal legislation. It not only conforms to the development trend of criminal legislation and meets the needs of social development, but also can significantly reduce the cost of legislation, saving legislation resources.The second chapter, comparing the pros and cons of different models of legislation, tries to seek suitable legislation pattern for China’s criminal law system. I think we should adhere to the scattered type subsidiary criminal law legislation mode of the basic pattern, be careful of using the traditional style of the declaring legislative model, and gradually try to accept creating legislative model and conjunct with the codification of subsidiary criminal codes.The third chapter discusses Subsidiary Criminal Law system coordination. System theory perspective on criminal law subsidiary, author points out the issues to solve within the subsidiary criminal law system, and the relationship between the subsidiary issue of coordination among the subsidiary criminal laws and other external criminal laws. Take subsidiary criminal law as a system, we need to address how to differentiate the context of subsidiary criminal laws, and how to solve the legal liability contradictory between criminal law norms and its subsidiary criminal law norms. Take the criminal justice system as a system, problem to be solved is how to coordinate the relationship between the Subsidiary Criminal Law and other criminal norms, primarily the Criminal Code and single criminal laws.