From the Substantive Criminal Code to the Formal Criminal Code:The Progressive Path of Criminal Law
The recodification of criminal law is an important issue of concern to the criminal law scholars in China,and it is closely related to the legislative improvement of criminal law.China's current criminal law itself is already a criminal code in the substantive sense,especially in the legislative orientation of the legislature to create a criminal law in accordance with the unified criminal code,which has laid the foundation for the codification of China's criminal law.Therefore,the codification of criminal law is completely different from the codification of other branches of law,it is a recodification based on the substantive criminal code.Through the recodification of the criminal law,the progress from the substantive criminal code to the formal criminal code has been completed.In the process of recodifying the criminal law,it is necessary to correctly handle issues such as the unitary legislative system and the pluralistic legislative system,the classification of crimes and the setting of chapters,and the fineness and sparseness of the expression of crimes,further implementing the principle of legality of crimes,and taking advantage of the opportunity of the recodification of the criminal law to greatly improve the legislative level of China's criminal code.
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