On The Strictness And Expansion Of Criminal Law Net

The legal crime circle set up by China’s criminal law has the defects of ’loose’and ’narrow’.The ’loose’ is reflected in the legislative carelessness.Due to the immature legislative technology when the criminal law is revised,the practical application of preparatory crime is narrow,and there are obstacles to criminal law evaluation in helping behavior,a large number of serious violations of legal interests cannot be evaluated by criminal law.’Narrow ’ is reflected in the lack of adaptation of criminal law to the new situation generated by the development of the times,and the failure to fully meet the new requirements of the arrival of the risk society,the change of the international environment,the development of information technology and the evolution of the concept of criminal law.Based on this,China’s criminalization contains two aspects.On the one hand,it is the ’densification’ criminal law network,that is,for the repair of the original legislative loopholes,the legal norms are improved by expanding the subject and object of crime,lowering the threshold of punishment,adding unit crime,and increasing plot standards.On the other hand is the’expansion’ of the criminal law network,that is,the absorption of new things for social development,focusing on the protection of new legal interests and combating new crimes.In fact,the weaving and expansion of criminal law network in China’s previous criminal law amendment process has fully reflected.In view of the external environment and the internal characteristics of the criminal law system,China’s criminal law legislation should be guided by the concept of robust criminal law legislation in the future,under the premise of adhering to the basic direction of criminalization,adopt different types of criminalization.On the one hand,it is necessary to reasonably densify the criminal law network,improve the typification degree of criminal law norms,rationally construct the boundary of preventive criminal law,and pay attention to the systematicness of criminal law amendment,so as to make the criminal law more circumspect and stable.On the other hand,it is necessary to expand the criminal law network carefully,follow the attributes of the secondary norms of criminal law,and combine the stability and adaptability of criminal law to ensure that the criminal law actively adapts to the development of the times and maintains a moderate intervention in social life.The two aspects are carried out simultaneously to promote the sound development of China’s criminal law legislation.