Reflection And Response To Emotive Legislation

With the advent of the rule of law and the frequent amendments to the law,the public is full of faith in the authority of the law,and when faced with social events that tend to generate strong emotions,the first thing that comes to mind is to rely on legal means,especially criminal law,to avoid the recurrence of similar risks.Thus,public opinion has become an increasingly important and undervalued part of the law revision process.However,some of these emotional legislative opinions can be harmful,so it is also important to think about how to deal with emotional interference in the criminal legislation process.A general argumentative study is conducted through an overview of emotive legislation,which is combined with the possible manifestations of emotive legislation in the Amendment(XI)to the Criminal Law of the People’s Republic of China,and specific measures are proposed to suggest how to deal with emotionality in China’s criminal legislation.The text is divided into three parts: the introduction,the body and the conclusion.In the introduction,the current state of research on emotional legislation and related concepts in criminal law is cited,and the shortcomings of the current research are briefly explained,while the research approach and methodology of this paper are also briefly introduced.The main part of the text is divided into three main chapters.The first chapter is a theoretical overview of emotive legislation,which provides a comprehensive explanation of emotive legislation from a theoretical perspective,based on sorting out the path of its generation and studying the connotation and definition,characteristics and harms of emotive legislation in conjunction with other relevant literature.Combined with some legislative provisions in the Amendment(XI)to the Criminal Law of the People’s Republic of China that have emotional legislative overtones and conform to the corresponding manifestations,the second chapter discusses the doctrine and judicial practice of emotionality through three possible manifestations of emotive legislation——the front-loading of criminal law, the severity of criminal penalties and the expansion of criminal liability.The third chapter presents initiatives that may help criminal legislation to better mitigate emotionality,in turn,in terms of the temporal dimension in which the legislative process takes place,namely before,during and after legislation.This includes suggestions for strengthening the pre-legislative justification system;how subjects in legislation should deal rationally with legislative emotions,as well as the specific criteria to be clarified and principles to be adhered to in the face of public emotions calling for the creation of new offences and heavier penalties,and advocating the view that criminal legislative work as a whole should uphold a typological mindset;followed by the suggestion that a double standard for assessing the quality of legislation should be established in the post-legislative period.The concluding section provides a summary of what has been discussed in the article.