On The Pure Pocket Clause In China’s Criminal Law

As a positive option for our country’s legislators,pocket-sized clauses exist in a large number in our country’s criminal law.The interpretation of the most controversial articles is a purely descriptive clause.How to limit its “pocketization”tendency should be an urgent problem to be solved.After analyzing the generative mechanism of the pockethole clause,the author takes the pure pocketbook clause as the research object,and discusses its limitation and application from the perspective of legislation and interpretation.Only the limitation of the legislation,the limitations of interpretation,and the supervision and protection of the relevant systems can maximize the role of the pocket rules.In addition to the introduction and conclusion,this article is divided into four chapters:The first chapter demonstrates the necessity and rationality of the existence of pocket-sized articles in criminal law.The criminalization clause in China’s criminal law is not only the necessity of the limitation of criminal legislation,but also a positive choice made by criminal policy.The existence of pocket-sized clauses satisfies the clearest requirement of “the greatest possible” and has certain practical value.In addition,on the basis of the necessity of pocket clauses,the value of the existence of pocket articles is emphatically described.The functions of the pocket-ticket clauses will be carried out from several aspects,such as the strict criminal law network,the adaptability and stability of the criminal law,the realizationof individual justice,and the improvement of the language validity of the criminal law.The second chapter focuses on maximizing the clarity of China’s criminal law norms.It focuses on the chapters and changes in the distribution of purely neo-criminatory terms in the old and new criminal laws,and puts forward corresponding opinions on the scope of application of the upper limit of legal limits.As for the administrative criminals in China’s criminal law,the design of legislation should be retained in the design of legislation,and the regulation of the behavioral means and behavior of criminal offenders in our country is more mature.The types of behaviors and types of behavior can be clearly defined through legislation,and there is no need to do so.Use generalized terms.The third chapter focuses on the status quo of the criminal legislation can not reduce the scope of application of pocket-sized articles for a short period of time,the article will explore how to realize the narrowing of the pocket-size clause through interpretation.First of all,it analyzes the "power has no use" of the legislative explanation,and then discusses the judicial application of the crime of all-embracing clauses.In response to these phenomena,the interpretation of the underling clause must be based on adherence to similar rules of interpretation,applying a wider range of system explanations and objectives to explain the scope of application of the contractual contract.In addition,the classification of purely pocket-sized articles is discussed.In addition to following the same rules of interpretation,the interpretation of a separate behavioral pocket-size clause requires judgment as to whether the detrimental behavior meets the constitutional elements of the crime.The explanation of the method and method of the deduction at the front can be applied to similar interpretation rules.The fourth chapter will discuss the practical application of purely pocket-sized articles and theoretically conceive of the case-guidance system and post-judicial review mechanism.After analysing the actual situation of China’s case guidance system,the preliminary conception of the case selection,rationalization,and publication will be provided,which will provide new ideas for the construction of acase guidance system in China.At the same time,the judicial review mechanism has been introduced into the field of judicial interpretation,correcting mistakes in a timely manner,and limiting the interpretation of pocketholes to the scope of scientific and legal scope.