Reasonable Choice Of The Way To Revise China’s Criminal Law

Criminal law revision runs through the criminal rule of law,and the choice of criminal law revision method is a kind of wisdom.Criminal law revision is the legislative activity of the institution with the power to amend the criminal law to adjust the content of the current criminal law,or to correct mistakes or change inconsistencies.The method of revising the Criminal Law refers to the external manifestation adopted by amending the Criminal Law that is determined by the content of the Criminal Law provisions.Taking the carrier form adopted by the revision as the standard,the revision of the criminal law can be divided into the method of amending the criminal code,the method of amending the separate criminal law,the method of amending the subsidiary criminal law and the method of amending the criminal law.Different ways of amending the criminal law have different values and can provide a basis for selection.The Penal Code has strong certainty,stability and authority;The single-line criminal law revision method has strong adaptability,complementarity and significant pertinence;The method of amending the subsidiary criminal law is highly professional,has the function of legislative feedback in emerging fields,and contributes to the unification of the legal system.The way to amend the Criminal Law is relatively flexible,which enhances its applicability while maintaining the stability of the Criminal Code,and can respond to new crimes in a timely manner.Looking back at the history and current situation of the revision of China’s criminal law,with 1997 as a watershed,before China’s legislature promulgated a number of separate criminal laws and subsidiary criminal laws;After that,only a single criminal law was promulgated,and the method of amending the criminal law began to be adopted on a large scale,resulting in a simplification of the way of revising China’s criminal law,and China’s criminal law revision moved from one extreme to another.At present,there are problems in the way China’s criminal law is amended.Our penal code has always lagged behind the reality and has not been fully revised for a long time;The method of amending the single-line criminal law is more arbitrary and less authoritative,showing excessive criminal policy color;There is no real subordinate criminal law in China,and there are a large number of blank crimes,which often lead to the improper expansion of the scope of criminal regulations,and the lack of clarity of the legislative body may lead to confusion of legislative power;There are also deficiencies in the way the amendments to the Criminal Law are amended,the promulgation of the Criminal Law amendments is too frequent,the legislative expression is unscientific,the effective time is unreasonable,and sometimes the misclassification of criminal objects has led to confusion in the criminal code system,some of which are suspected of violating the Legislation Law.To rationally choose the method of revising China’s criminal law,we should start from multiple angles.Civil law countries have deep ties with China’s legal system,and summarizing the ways to amend the criminal laws of Germany and Japan will help to provide reference for China’s future choices,although both countries attach great importance to the use of criminal law amendments,but diversified choices are still the main trend.In view of how to choose the method of revising China’s criminal law,this paper takes the three principles of proceeding from reality,drawing on foreign legislative experience,and adapting to the needs of criminal policy as the starting point,giving play to the influence of legal tradition,economic factors,and judicial practice,adopts other methods of criminal law revision on the basis of adhering to the criminal code,gives play to the advantages of separate criminal law and subsidiary criminal law,and improves the rationality of the application of criminal law amendments.