Research On The Legislative Power Of Criminal Law Amendment

Since the enactment of the Criminal Code in 1997,the amendment to the Criminal Law has become the most important form of legislation for the improvement of the Penal Code in China.Practice has shown that the ten amendments to the criminal law that have been promulgated are of great significance in responding to the new situation of crime and maintaining the stability of the criminal code.Since the first amendment to the Criminal Law was passed,the debate over the merits and demerits of adopting the amendment model to modify the criminal code has not stopped.Objectively speaking,any kind of modification mode has its own advantages and limitations.In particular,with the successive promulgation of the "Criminal Law Amendments(VIII)" and "Criminal Law Amendments(IX)",unprecedented changes have been made to the Penal Code.Such a large-scale revision has brought about an unexpected crisis of justification.Both the revision of the general provisions and the readjustment of the penalty execution system have shown that the legislative power of the Standing Committee of the National People's Congress has expanded.This has caused the academic community to revise the criminal law.Thinking on the legitimacy of the main body of legislation.The so-called legitimate considerations include: Who should exercise more legitimacy in the legislative power of the amendment to the Criminal Law? How does the jurisdiction of the amendment to the criminal law be divided? How to locate the legislative function? This article tries to make a shallow discussion of the above issues and hopes to help the development of criminal legislation.The paper is divided into three chapters:The introduction part introduces the research background and significance of the dissertation,and the theoretical circle has related research results on the legislative issues in China's amendment to the criminal law.The first chapter is an overview of the legislative power of the amendment to the criminal law,which mainly relates to the legislative practice of China's amendment to the criminal law,including the historical inertia of the National People's Congress Standing Committee to amend the criminal code,the existing legislative provisions to amend the criminal code,and successive amendments to the criminal code.The modification situation.The legislative practices of the amendments to the criminal law of France,Germany,and Japan were introduced and the enlightenment was provided.The main points of view of thedebate on the legislative power of the amendments to the criminal law in China's academic circles were combed.The second chapter is the concrete manifestation of the inadequacy of the legislative power of the amendment of China's Criminal Law.First of all,it summarizes issues such as the lack of public opinion,the new controversy over new charges,and the phenomenon of emotional legislation.Secondly,it analyzes that when the Standing Committee of the National People's Congress modified the criminal law,it broke through the strict restrictions on the modification time,the revision range,and the basic principles,and there was a suspicion that there was an ultra vires legislation.The third chapter is to regulate the amendment of criminal law in China legislative path.Put forward the legislative body that clarifies the amendment of criminal law,return the legislative body of the amendment of criminal law to the NPC's idea,and appropriately strengthen the legislative interpretation of the NPC Standing Committee at the moment,so as to resolve the NPC Standing Committee's criminal legislation amendment legislation issues.