Study On The Limits Of The Expansion Of Criminal Law

It can be seen from the course of revision of China's criminal law that criminal legislation in China is expanding.From the perspective of legislation,the expansion of criminal law is the expansion of the scope of adjustment of criminal law.Although the expansion of criminal law is controversial in the theoretical field,it is undeniable that the expansion of criminal law has based on profound social background and theoretical foundation.The context of risk society,the concept of risk criminal law and the new national security concept provide theoretical basis for the expansion of criminal law.In order to further control risks,make up for the gap between the scope of adjustment of administrative law and criminal law after the abolition of the reeducation through labor system and strengthen the protection of people's livelihood,legislators frequently use criminal law to safeguard national economy,politics,culture,ecology and homeland security.Furthermore,the expansion of China's criminal law based on internal reason and expansion rationality,which is a powerful means to punish new kinds of crime.However,negative aspects of excessive expansion of the criminal law also caused concerns,people think that violated the austerity of criminal law,criminal law expansion sex principle,the principle of legality and principles of human rights,which is not conducive to national comprehensive treatment to society.After analyzing the negative caused by expansion,the limitis of the expansion of criminal law put forward,including following the tolerance principle and method of profit violation in the criminal law,the principle of constitutionality,consider the impact of the new charges and other charges as well as the establishment of mechanism of crime-removingin criminal legislationwhich canprovide a reliable legal basis for the removal of crimes in judicial practice.therefore,the research on expansion of the criminal law limitis of theoretical and practical significance: adhere to the austerity of criminal law thoughts,spirit of human rights protection;changingthe concept of relying too much on the criminal lawof social governance system andpreventing and controlling delinquencyby the expansion of criminal law rationally...