Study On The Difficult Problems Of Judicial Application Of Blank Crime

The judicial application of blank crime has always been a difficult problem in the process of criminal trial when it appeared in the criminal law,most studies of the blank crime are based on their own constitution,definition,classification and description mode of blank crime are deeply studied.The blank crime is divided into absolute blank crime,relative blank crime and mixed blank crime,and the possible problems in the process of judicial application are ignored,only by finding out the problems existing in the judicial application of blank crime and proposing solutions can perfect the judicial application of blank crime.There are four problems in the judicial application of blank crime:The first is whether the judicial application of blank crime is limited to the judgment of the act elements,the second is the rank ordering,conflict and resolution of blank specification,the third is the traceability problem caused by the change of blank crime.the fourth is the explanation of the relationship between blank crime and habit.These four problems are the key problems in the judicial application of blank crime presently.Whether the judicial application of blank crime is limited to the judgment of the act elements,there is a debate about this,some people think that the scope of action of blank crime is limited to the judment of the act elements.However,some scholars have found out other elements of criminal constitution from actual judicial cases,which also need to refer to the blank norms cited in blank reports.For the blank of the scope of judicial application of the judgment,it can be used to confirm the subj ect and object of crime,limit its scope,but on the subjective side of the crime,not all blank crime can affect it.For rank order,conflicts and problems of blank specifications,the legal rank system of blank crime is divided into four layers.The first level is the law,including basic laws and various specialized laws.The second level is administrative regulations.The third level is administrative regulations,local regulations,laws and regulations on national autonomy,normative documents on special economic zones.The fourth level is the internal code.When faced with blank specification selection of the same rank,it should uphold the principle of priority of special law,the new law is superior to the old principles,the old special law is superior to the new general law principle.In the face of blank specification conflict selection with rank crossing,the overlapping conflicts mainly focus on the national autonomy laws and regulations,special economic zone regulations,low-level nonnative documents and laws such as the internal codes of the industry,high-level legal documents such as administrative regulations.As the former is to adapt to the special regional and ethnic characteristics and set up,therefore,it has priority in judicial application.For the traceability problem caused by the change of blank crime,First,the blank crime itself has changed,when the blank crime change to non-blank crime is based on the old and lesser principles.If a non-blank crime is changed into a blank crime,the changed crime becomes a blank crime.Secondly,the scope of blank specification is expanded in blank crime narration,adopting the principle of selection from the old and the light.The scope of the blank specification is limited,use the reduced range.Third,the content of normative documents cited by blank crime has changed from the criminal act to the judicial trial,the normative document to which the crime was committed should be selected.Fourth,when the types of normative documents contained in a blank specification change,if there are fewer kinds of normative documents,then choose the ones that become fewer.As the types of normative documents become more and more,if the time of change is short,it is reasonable to adopt the principle of the closest connection.The problem of explaining the gap between crime and habit,custom differ from common law,and the habit of blank in the process of judicial application of criminal charges can indeed play a role as a blank crime.Among them,the social custom is more applicable in the blank criminal records,but the folk custom category custom in the blank crime in the judicial application needs to treat cautiously,the folk customs related to economic crimes are suitable as the source of blank crime.The use of custom in blank crime can help to make the verdict acceptable to the masses,to implement the principle of statutory punishment for crimes,to safeguard the interests of the offender and the victim,to strict criminal code.But in the actual judicial application process,pay attention to the connection between habit and blank charge,they tend to be chosen as a pocket option for blank specifications and differentiated.The blank crime is not closed,it was set up to solve problems in criminal trials to solve the problems in the process of judicial application,it can build a window for communication between the criminal code and other types of normative documents and ensure the vitality of the criminal law.