Study On "Violating The State Regulations" In Chinese Criminal Law

“Violating the state regulations” is an expression that appears a lot in the regulations of Chinese criminal law.Though the related crimes often commit in judicial practice,the attention to this part did not be paid more.The role of “Violating the state regulations” is not as unknown as it is revealed,and its coverage,the relat ionship with the relat ed provisions,the status and role in the provis ion can influ ence series of things directly,such as whether the relevant statutes are clear,whether the crimes exist,whether the criminal law regulations are unified in application.To analyze the concept “violating the state regulations”,we should define its denotation and connotation first,in order to clarify the scope of application.Lower rank rules made according to the authorizat ion of laws and administrative regulations shall not belong to “the state regulations”.Departmental rules which was approved by the State Council and published by the State Department before the implement ation of <Legis lat ion Law > may belong to the range of “the state regulations”.In addit ion,macro-policy provisions also could be cited as “the state regulations” and the expression of “if a crime has been constituted,criminal responsibility shall be affixed” is not necessary in the pre-provisions.The modification of pre-provisions certainly will have an effect on the determination of crime in criminal law.Secondly,the expression which is similar to “vio lating the state regulations” should also be consistent with the scope of “violating the state regulations”,and be restricted by article 96 of criminal law.According to the different roles,the regulations were divided into provisions which were constituent elements and provisions which were not.Judicial organs should find out and analyze the regulations that are constituent elements in order to ensure the clarity and accuracy of judicial adjud ication.And the regulat ions that are not constituent elements are not required to ident ify,thus saving the judicial resources.