Research On Supplementary Norms In Blank Count

With the rapid development of the social economy,new situations have emerged in many areas of law,such as administration,finance,customs,taxation,environment,health,security,and intellectual property rights.Legislators are unlikely to consider everything A comprehensive list of criminal law provisions is made.Therefore,the blank guilt has its existence value.In the blank count,the provisions of the criminal law sub-clause do not specify the basic features of the specific constitutional elements of each charge,and only need to point to a normative legal document or system.Such specified laws and regulations that are referenced are called supplemental norms because they complement the crime.However,the large number and complexity of the supplemental specifications will increase the difficulty of people's prediction of behavior.In the judicial practice,there are a series of problems in the supplemental norms pointed out in the blank count and its application.Based on this,this article makes a comprehensive study of supplemental norms and their problems in application from the perspective of supplementary norms.The full text elaborates on the supplementary specification of blank count from the following three parts:The first part mainly demonstrates from the concept,types and characteristics of the blank guilt and its supplementary norms.Through the study of the different expressions of blank crimes in the criminal law community,the blank guilt is defined and its types and characteristics are discussed.Furthermore,the supplemental specifications are introduced,and the features and properties of the supplemental specifications and supplemental specifications are discussed,so that there is a comprehensive understanding of the supplementary specifications in the blank count.The second part mainly discusses a series of problems that appear in the supplementary norms of blank guilt.This is the focus of this article.First,it discusses the issue of the appropriateness of the supplemental specification,ie,what form of specification can supplement the blank count as a supplementary specification;secondly,it discusses the supplemental specification and the issue of the blank count conflict,that is,when there is a conflict between the blank count and the supplementary specification.How should it apply?Thirdly,it discusses the issue of the necessity of the criminal liability in the supplementary specification.That is,whether the criminal responsibility of a certain illegal act must be supplemented by norms that stipulate the corresponding criminal responsibility for the act as a necessary condition;The issue of secondary supplementation in the supplemental specification is discussed,ie if the supplemental specification itself also sets blank clauses,whether there is a second supplement to the blank clauses of the supplemental specification and how it will be applied.In the third part,the dissertation mainly discusses the solution of the application of the supplementary norms in the blank guilt,mainly from the principle of elimination and the specific methods.First of all,it discusses the ways to resolve the application of supplementary norms in blank counts from the principle of legally prescribed punishment for crimes and the principle of modest restraint.Second,for the second part of the issue,from a specific way to discuss.Firstly,in order to supplement the normative nature of the norm,the supplementary norm should be a normative legal document whose effectiveness level meets the provisions of the criminal law and is universally applicable nationwide;secondly,it is necessary to address the conflicts between the supplementary specification and the blank count.Coordinating the relationship between the two;Third,in order to address the issue of the necessity of criminal liability in the Supplementary Code,it proposes the establishment of an unnecessary rule for affiliated criminal liability clauses;and fourthly,it proposes to address the issue of secondary supplementation in the Supplementary Code.Establish secondary indirect citation rules supplemented by supplemental codes.