Research On The Blank Crimes In My Country's Criminal Law

The fundamental characteristic of blank crime is that the elements of a specific crime should be determined in whole or in part by referring to other normative legal documents.Therefore,blank crime has the characteristics of openness and inclusiveness,can also play a strict criminal network,maintain the stability of the criminal code and other functions,so it is popular with legislators.China's criminal law also has a large number of blank crimes,in the economic and social development and criminal law adjustment of the social relations to further expand the background,the number of blank crimes will further increase.Because some of the provisions of the criminal law are very rich,the use of blank forms of crime can maintain the simplicity of the law.In addition,the reference basis of blank crime can adapt to the needs of social development on the premise of maintaining the stability of criminal law provisions.However,the open and inclusive characteristics of blank crime may make the crime appear the trend of expansion,which seems to be against the principle of legality,which is a problem that must be discussed in theory.In blank indictments,the specific provisions of criminal law fail to clearly set forth the main characteristics of the detailed constituent elements of all charges.As long as the provisions refer to a normative legal document or system,people also call them supplementary provisions.However,there is no way to predict the number or content of supplementary specifications,which are significantly more numerous.In judicial practice,because there are a large number of blank articles in the specific provisions of criminal law in Our country,how to accurately use and grasp the judicial personnel,related to the accurate conviction and sentencing.Therefore,it is of great significance to make a comprehensive study of blank crime.Based on this,this paper makes a comprehensive analysis of the existing problems in the supplementary specification and its application from the perspective of supplementary specification.In addition to the introduction and conclusion,the article consists of four parts.The first part is an overview of blank crime.The first is the definition of blank charge.According to the general theory in the theoretical circle of Criminal law in China,blank indictments refer to typified statements that are not provided for in all or part of the constitutive elements of a crime in the specific provisions of criminal law and need to be supplemented by referring to other normative documents such as laws and regulations.The second is the type of blank charge,which can be divided into completely blank charge and incomplete blank charge.Thirdly,it is the characteristics and functions of blank crime.Finally,it summarizes and analyzes the provisions of blank crime in China's criminal law.The second part mainly defines the supplementary norms of blank crime.Firstly,it classifies the supplementary norms of blank crime,which mainly includes the following aspects.The second type is the violation of the provisions of "regulations";The third type is violation of "management" provisions;The fourth type is violation of "rules";The fifth type is about violating laws and administrative regulations.Secondly,the nature and characteristics of supplementary specifications are analyzed.Finally,the relationship between supplementary norms and the principle of legality is discussed,and the conclusion drawn by the author is that the determination of crime and non-crime is not based entirely on the cited laws and regulations,but determined by the criminal law,with relative independence.Therefore,the nature of supplementary norms does not violate the legal punishment for a crime.It is not an independent standard to identify the crime itself,but a supplement and reference.The third part focuses on the plight of blank charge in judicial application,namely the definition of blank charge scope;The connection between blank accusation and supplementary specification;The application of the second supplement in the supplementary specification;The conflict between judicial interpretation and supplementary norms.And the causes of the dilemma are studied.One is the inherent attribute of non-criminal norm.Secondly,the existing legislation technology in China is not mature.Thirdly,it is caused by the advanced judicial interpretation.The fourth part firstly puts forward the principles that should be adhered to to solve the dilemma of blank crime application,namely the principle of legality and the principle of modesty of criminal law.Then it puts forward four concrete measures to solve the dilemma of blank crime in judicial application: to establish the criterion of appropriability of supplementary norm,to coordinate blank crime and supplementary norm,to establish the rule of indirect quotation of supplementary norm and to adhere to the principle of necessity in criminal law.