The Idea,Model Selection and Development Direction of Criminal Legislation in the Codification Era
The criminal legislation idea that sticks to traditional viewpoints and opposes the negative view of criminal law on adding new crimes or misdemeanors is not reasonable.The criminal legislation idea featuring the compromised view of criminal law is just another expression of the negative view of criminal law,which is also not entirely desirable.Instead,it is more reasonable to adopt the criminal legis-lation idea featuring the positive view of criminal law on adding new crimes or misdemeanors in due time based on the changing social realities.The existing criminal law in China is essentially a criminal code,and there is no so-called codification,recodification or decodification.The question now is whether China should continue to adopt its existing legislation model of unified criminal code or to adopt as other countries the pluralistic legislative models that include a criminal code,a separate criminal law,and an accessory criminal law featuring constitutive elements and statutory penalties.To maintain the stability of the criminal code and adapt to the changing of social realities,China should adopt the pluralistic legisla-tion models.On this basis,given the realities of the research status on specific provisions of criminal law in China that should be general rather than detailed,the original model of the unified criminal code that cannot be easily changed,and the status of revising the unified criminal code with the original approach not being easily changed,the amendment of criminal code,whether it is a minor or major amendment,should adhere to the amendment rules of being category-specific,effective,purpose-driven,clear,propor-tional,equal,interactive,and consistent with the intemational practice,and this should the future develop-ment direction of criminal legislation.
codificationview of criminal lawcriminal legislation idealegislation model
万方数据
维普
