On The Bottom Provisions In Criminal Law

"Bottom provision" means that the criminal legislator or the judicial interpreter types the elements of the illegal elements which can not be predicted or captured at present in the criminal law or in the judicial interpretation or the circumstances affecting the sentencing by "other,etc ".through the setting of the interception provision,thus achieving a legal phenomenon that enhances the applicability and flexibility of the law.It has the characteristics of objectivity,generality and flexibility,which makes it an indispensable value in criminal law.However,these provisions also have a series of negative effects on criminal law: on the one hand,the unreasonable application of the provisions on the bottom can be In practice,the generality and uncertainty of the provisions may also lead to the deviation and difference of the judicial personnel's understanding of the provisions,resulting in the phenomenon of different judgments in the same case.On the other hand,because of the ambiguity of the provisions,the supreme judicial organ may abuse and misplace the interpretation of the provisions of the law and make certain crimes "crimes ".This paper adopts the concept of explicit definition of the bottom line,and make a clear division with other norms,so as to highlight the unique value of the bottom provisions.At the same time,in view of the problems existing in legislation and judicial application,the author puts forward some suggestions for improving legislation and innovating judicial interpretation,hoping to contribute to the further development of criminal legislation and criminal justice in China.