Research On Legislation Quality Of Amendment Of Criminal Law In China

Since the promulgation of the Criminal Law in 1997,China has promulgated 10 amendments to criminal law.The amendment to the Criminal Law has become the most important mode for perfecting criminal legislation.The amendment of criminal law in our country is a normative legal document issued by the Standing Committee of the National People's Congress for the improvement of the content of the existing criminal law.It has the characteristics of making the subject,the innovation of the content of the legislation,the coordination of the system and the equality of the legal effect Four basic characteristics.Amendment of criminal law in our country is the main mode and effective mode of perfecting criminal code at present,which has purpose function,normative function and social function.The main body of amendments to criminal law in our country's criminal law amendments is the NPC Standing Committee in practice.The forms of amendment include adding,revising,adding and revising,deleting and deleting related clauses,and the revision is of a higher frequency.The amended scope includes the general rules and sub-rules of criminal law The amendments include charges and criminal cases.The legislative quality of the amendment of criminal law in our country needs to be further improved.The main reasons are the incompatibility with the contents of the criminal code,the infrequent application of some new charges and the flaws in the legislative technology.The reasons are the unscientific nature of criminal legislation,The limitations of the formulation of the legislative capacity of the main body and the defects of the amendments to the criminal law itself.First,we should establish the concept of modern legislation of criminal law amendment,including the basic concepts of legislation,specific concepts of legislation and the concept of special legislation;secondly,we should achieve the legislative body of the amendment of criminal law Return to the principle of making the amendment now exercised by the NPC Standing Committee to the NPC;thirdly,the legislative principles of the criminal law amendment should be clearly defined;the principle of balance of crime and penalty should be insisted and grasped;the principle of legislation and the principle of rationality should be balanced;Fourth,we should improve the legislation of criminal law amendments,strengthen the systematic study of criminal legislation,give due consideration to the rational use of blank guilty and introduce a third-party body to conduct legislative technical assessments.