On The Constitutional Control Of Criminal Legislation

It can be seen that the criminal legislation in our country is constantly improving and supplementing the current criminal law through the amendment of criminal law,which thus makes the system of criminal law in our country more scientific and reasonable.At present,since China is in a period of social transformation,the social situation of our country is complex and changeable,in which the types of crimes are constantly updated,the role of criminal law is constantly strengthened,the legal consciousness of the people is constantly enhanced,and the protection of human rights is deeply rooted in the hearts of the people.Furthermore,this series of changes all indicate that the criminal legislation activities in our country will be quite active for a long time in the future.However,our country has not paid enough attention to the criminal legislation activities correspondingly,and the amendment of criminal law as the main means has also not played its due role.Thus,it is of great significance to the development of criminal law in our country for how to improve the criminal legislation.What’s more,it has carried out the criminal legislation activities 11 times since the promulgation of the Criminal Code in 1997.At the same time,a single criminal law and ten amendments to the criminal law have been promulgated.Through the thorough study of these ten amendments,it will help us to have a comprehensive understanding of the criminal legislation activities in our country,which will also point out the direction of the criminal legislation activities in the future.As for the whole paper,it is divided into three chapters.In the first chapter,it makes a summary for the current situation of criminal legislation in our country.As for the analysis of the present situation of criminal legislation,it is mainly about the analysis of the main manifestation of criminal legislation for the amendment of criminal law.First of all,it is the introduction to the main contents of criminal law amendment,in which the content of criminal law amendment is analyzed concretely through the analysis of the subject,speed and content of amendment.Secondly,it is the analysis of the main problem of criminal law amendment,which is manifested in these aspects,such as the strong omnipotent criminal law thought,the irrational penalty structure,the lack of integrity and foresight in the amendment of criminal law.Thirdly,it makes the concrete the analysis of the views of the academic circles on relevant issues,which mainly analyses the disputes about the ownership of legislative right,the criminalization of legislation and the amendment of penalty system.In the second chapter,it makes the analysis of the proposition of the constitutionalist view of criminal law.At present,the development trend of criminal law in our country is mainly influenced by the early and pre-positioning of legal interest protection as well as the criminalization of legislation.As a result,it has generated a great influence on the current view of criminal law in China.Meanwhile,as for the existing views of criminal legislation in academic circles,it mainly includes classical liberalism view of criminal legislation,positive view of criminal law legislation,functionalism view of criminal legislation,constitutionalism of criminal legislation,and so on,in which all these legislative views try to interpret and judge the development of the criminal legislation.Therefore,it requires that we should make specific analysis and critical absorption for these views,so as to analyze the problems existing in the current criminal legislation in detail on the basis of these views of criminal law.In the third chapter,it demonstrates the basic direction that the constitutionality control of criminal legislation should stick to,so as to improve the scientificity,democracy,foresight and integrity of criminal legislation,as well as make up for the defect of legislation.In terms of the overall trend,first of all,what we should adhere to is making National People’s Congress as the main body of criminal legislation,while it should be assisted by the Standing Committee of the National People’s Congress.Secondly,what we should adhere to is making a limited response to social needs,and making reasonable definition of the criminal circle.Thirdly,we should adhere to the criminal policy of lenient and strict punishment,adjust the structure of penalty scientifically,and ensure that the amendment of criminal law runs on the right track.Thus,it can promote the benign development of the criminal law by combining the two methods,such as grasping the general direction of the criminal law from the macro level,analyzing and solving the problems encountered in the criminal law from the micro level.