| Criminal law legislation is the basis and premise of criminal constitutionality,the improvement and development of criminal law legislation has deep connection with the realization of criminal constitutionality, in another word,there is no way to realize criminal constitutionality without such legislation.As legislation mode is rather fundamental to entire system of legislation activity,and the choice of criminal law legislation mode will have direct influence on the legislation and the application of criminal law,therefore,it is extremely meaningful to carry out research on criminal law legislation mode.With Professor instruction and concept analysis method,based on the criminal law legislation mode in PRC,It explains the concept of criminal law legislation mode and uses comparison analysis method to compare among the definition,strength and drawbacks of the code,sole,subordinate,amendment,case law legislation mode of criminal law.After explaining on the basic concept of five different criminal law legislation modes,with the historical perspective of criminal law legislation mode in PRC,It will focus on the comparison between the aforesaid sole and amendment legislation modes,where the details under sole criminal law and the amendment will be discussed with the emphasis on the different legislation modes at different historical stages,and of course,brief introduction of legislation in other countries will be given as well. At the end,the necessity and urgency of choosing our criminal law legislation will be explained with the example of the status quo and existing problems of our criminal law legislation mode,i.e.the situation where a plenty of sole criminal laws were issued as the modification and amendment to the 1979 Criminal Code,and the criminal law amendments are deemed as the only method to modify the 1997 Criminal Code after its issuance while the issuance of relevant amendments is over-frequent,the amendment scope is over-wide and the time interval of each issuance is over-uncertain.In addition,the suggestion on how to choose our criminal law legislation mode has also been included at the end.Apart from the detailed explanation on principles to be obeyed during the choice of the legislation mode,It also creatively proposes some practical suggestions on a few of specific methods,such as on the basis of criminal code,both sole criminal law method and criminal law amendments method shall be taken as flexible supplements to the criminal code;furthermore,certain types of crimes,such as new types of international crimes and minor crimes,shall not be regulated under the criminal code,instead,these crimes shall be regulated with the method of sole criminal laws;moreover,the application scope of criminal law amendments shall further be clarified.Criminal law has been dedicated to the fast development of market economy,the long-term peace of our society and the harmonious environment of our daily life.The research on the criminal law legislation mode is extremely important for the application of criminal law and academic research.I sincerely hope,with this opportunity,I could make my own part of contributions to the more in-depth criminal law legislation mode and the better practice of criminal law. |
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