Expansion Of Criminal Law

2017 is the 20 th anniversary of the current Criminal Law,also the year of the tenth amendment to the Criminal Law.In the past 20 years,the development of productivity has brought about dramatic changes in social structure,the concept of governing the country according to law is deepening,the rule of law is constantly advocating and the development of criminal law ushered in the golden age.The number of Criminal Law is from small to large,Increased from 192 to 452.The crime is also extended from 412 to 469.During this period,the legislature has enacted 10 criminal law amendments,13 legislative interpretations,179 provisions and 57 counts.The criminal law network is getting stricter and increasingly connected with national life,the expansion of the criminal circle has become more apparent,but it also brings the scope of punishment and punishment,Lower standards conviction and blurred boundaries of criminal law.On the occasion of the 20 th anniversary of Criminal Law,this article is intended to be an entry point for the revision of Crimes of obstructing the administration of public order,reviewing the expansion of criminal law in the past 20 years,commenting on criminal law amendment criminal trend,using "international perspective" to longitudinal comparison,summarizing useful experience and discover problems,clarifying the boundaries of criminal law expansion and making a contribution to promote the construction of Chinese criminal law.In this paper,it is based on the revision of the crimes of obstructing the administration of public order,to discuss the boundaries of criminal law expansion and to reiterate the necessity of criminal law.The first part is the introduction of topic selection,opening questions,etc.The second part is an overview of the crimes of obstructing the administration of public order,sorting out the specific content of the 79 Criminal Law,changes in the 97 Criminal Law and the specific content amended in the recent 10 criminal law amendments,to explain that the crime has developed violently over time.This is both a typical representative of the current expansion of criminal law and a microcosm of the expansion of criminal law.In the third part,analyzing the manifestations of the expansion of the crimes of obstructing the administration of public order,we have summarized it as adding new crimes,expanding the scope of criminal subjects and objects,Moving the defense of the criminal law forward,expanding the responsibility of the common offender and lowing the threshold for entry into crime.We summarize the reasons for its expansion as the need for rapid social transformation,requirements for legal connection after the abolition of the labor education system,natural expansion of penalty rights,the deterrent effect of Symbolic legislation and phenomenon legislation for public opinions.The fourth part,focusing on the expansion of international criminal law,by studying of the latest amendments and development directions in German criminal law and Japanese criminal law,we will analyse current trend of criminal law expansion in various countries,proposing to further protect human rights in the future development of China's criminal law,establishing new crimes based on objective needs,in the revision of criminal law,it is necessary to maintain its own logic and cater to the trend of internationalization,to provide reference and enlightenment for the development of criminal law in China.The fifth part,we propose that although the current criminal law expansion has positive content,it also has shortcomings.In order to prevent the emergence of excessive crime problem,It is necessary to clarify the boundaries of criminal law,We must adhere to the principle of necessity as a fundamental principle of criminal law.Comparing with modest and restrained principle,the principle of necessity has obvious advantages,it not only shows that the expansion of criminal law is based on the objective needs of social development,but also the necessary limits of criminal law expansion.The purpose of guaranteeing the basic human rights of all citizens as the basis of criminal law and the basis of punishment,the state may not use penalties when an act does not endanger the human rights of all citizens,only when the act threatens the basic human rights of all citizens and infringes on the national legal system,the state must use the penalty.In this way,we can the criminal law complete the task of punishing crimes and protecting the people,and promote the new development of the criminal law-making cause in China.