Research on China's Proposition for the Filling of Blank Provisions
The establishment of a separate administrative criminal law is impotent to avoid the disorderly expansion of administrative crime.Instead of clarifying the scope of punishment for administrative crime in a separate criminal law or non-criminal legal norms,it is better to make a restricted interpretation for the performing act and crime object involved in blank provisions of China's criminal law,which can relieve the urgent need be-cause of the unclear basis of punishment about administrative crime.Clarifying the content of blank provisions through constitution or constitutional interpretation has limited effectiveness in defining the boundaries of punishment,while limiting criminal illegality through the legal hierarchy of preceding norms lacks rationality and conflicts with the criminal legislation and judicial operation's logic of China.The filling of blank provi-sions should pay attention to the criminal-law's attribute as judging norms,clarify the core and radius of pun-ishment from natural crime that has clearer legal interests,and verify the possibility and intensity of infringe-ment on life or health legal interests and property legal interests caused by behavior.It is necessary to main-tain the unified legislative model of natural crime and administrative crime co-existing in one code for the"re-codification"of China's criminal law in future,delete redundant blank provisions,and try to avoid the design of"behavioral offenses"and"order penalties".Advocating independent and substantive judgments on criminal illegality can urge judicial personnel to interpret the reason based on individual case's facts in legal documents.Judicial organ should also strengthen the disclosure of"innocent"guiding cases and view the practical value of differentiated judgments rationally.
Unified Legislative ModelBlank ProvisionsAdministrative CrimeAdjudication NormsComplement of Legal Interests
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