The Development Of The Concept Of Legislation In China's Criminal Law

The concept of modern criminal law legislation is the fundamental activity criterion guiding criminal law to become a "good law" and to achieve "good governance",which develops with the development of society.From the perspective of criminal law amendment,the development of criminal law legislation concept in China gradually shows the track of changing from the national interest standard to the people's interest standard.Whether in current or future criminal law legislation,on the basis of reflecting on the concept of heavy penalty legislation and abandoning the concept of universal criminal law,legislators should adhere to establish the concept of humanitarian legislation,light punishment legislation concept and people's livelihood legislation concept,especially to strengthen the light punishment legislation concept.In addition,we should abide by the rational legislative concept and implement the dynamic legislative concept.Specifically,first of all,we should conform to the trend of abolishing the death penalty in the world,we should further reduce the death penalty charges under the guidance of the concept of light punishment legislation,we could explore the path of abolishing the death penalty from the legislative,judicial and public opinion guidance;Secondly,we should keep the modesty of criminal law,refrain from emotionalization,and filter the appeal of punishment under the guidance of rational legislative ideas.Thirdly,under the current social situation,the continuous expansion of the criminal circle is the main theme of the development and evolution of criminal law.We should carry out the concept of dynamic legislation to proceed with criminal legislation on a considerable scale,we should change the traditional concept that "crime is the serious infringement of legal interests",and understand that crime just infringes the value in the sense of the constitution;Then,we should know that limiting the scope of punishment of criminal law is not the inevitable content of criminal law modesty,there is no contradiction between criminalization and modesty of criminal law,"less punishment" or even "no punishment" can not be considered the best.Finally,in the specific criminal legislation practice,we can consider both the refinement of common charges and the addition of new crimes to proceed with criminal legislation.