| In the construction of the rule of law in the new era,the 18 th National Congress of the Communist Party of China puts forward the strategic decision of "comprehensively promoting the rule of law in China",the Fourth Plenary Session of the 18 th Central Committee of the CPC puts forward the general goal and major task of promoting the rule of law in China in an all-round way,and the Construction Plan of Rule of Law in China(2020-2025)has made systematic planning and deployment for rule of law in China according to law from the overall situation and strategy.Xi Jinping’s Thought of Rule of Law holds a new historical orientation,and puts forward new requirements for enhancement and improvement of criminal law legislation and for establishment of complete legal norm system.Therefore,it has become the focus of current research how to make the legislation of criminal law more scientific in the construction of legal system in the new era,so as to realize the ultimate goal of scientific legislation of criminal law under the view of rule of law in China.According to the achievements of Marxist theory of rule of law in China,with Xi Jinping’s thought in rule of law as the foundation,from the basic perspective of rule of law in China,this paper makes a deep analysis and an accurate grasp of new situation and tasks of scientific criminal law legislation in the new era,and then provide a study on the key points and knotty problems of scientific legislation of criminal law,makes a comprehensive collation of the historical process and the goal of scientific legislation of criminal law,and probes into how to construct the framework system of scientific legislation of criminal law in the perspective of rule of law in China.During the glorious course of a century,the Party has always combined the basic principles of Marxism with China’s concrete reality and with Chinese traditional culture,continuously improve Marxism in China in modern time,successively established Mao Zedong Thought and Deng Xiaoping Theory,created the important thought of "Three Represents" and scientific development concept,and founded Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era.Among these,the thought on scientific legislation of criminal law has been inherited and developed continuously,which provides abundant guiding ideology and theoretical basis for criminal law legislation in China in the period of new democratic revolution,the period of socialist revolution and construction,the new era of reform and opening up and the period of socialist modernization construction,and the new era of socialism with Chinese characteristics,so that it has promoted the scientific and democratic development of criminal law legislation in China.From the founding of New China to the 18 th National Congress of the Communist Party of China,the scientific legislation of criminal law experienced three historical stages of preparation and frustration,revitalization and improvement,transformation and development,and accumulated rich experiences and lessons,including that: it must be done in the scientific legislation of criminal law to follow the leadership of the Party,keep the dominant position of the people,face up to the actual situation of China,boldly absorb and refer to foreign successful experience,carry out the correct political route,rely on the economic construction,make a development based on the formulation and implementation of the constitution.Since the 18 th National Congress of the Communist Party of China,the main achievements of scientific legislation of criminal law have greatly promoted the process of scientific legislation in new era,making the legislation of criminal law more scientific and democratic.However,from the perspective of rule of law in China,the current legislation of criminal law has some problems in the implementation of guiding ideology,the selection of legislation mode,the application of legislation and technique,the adoption of legislation method,which are mainly caused by insufficient strength of Party’s criminal policy,incomplete democratic participation,insufficient emphasis on professionalism,inadequate intensity of legalization,etc.Therefore,it is of great practical significance to put forward the strategy of advancing scientific legislation of criminal law from the perspective of rule of law in China,it is also innovative,and its main innovation points include: First,it is necessary to establish Xi Jinping’s thought on rule of law as the guiding ideology of scientific legislation of criminal law with Chinese characteristics in the new era.Second,it should be emphasized in the scientific legislation of criminal law to follow the Party’s leadership,keep the dominant position of the people and the equality of everyone before the law,combine the rule of law and the rule of virtue in governance of a country,and adhere to the principles of democracy,science and the rule of law based on China’s national conditions.Third,it is necessary to strengthen the professionalism of scientific legislation of criminal law in six aspects: completing the main constitution and basic process of criminal law legislation,strengthening the professionalism and argumentation of criminal law legislation,consolidating and improving the legislation method of criminal law,following the adjustment mechanism of criminal law legislation,choosing appropriate legislation mode according to different types of crime,applying appropriate legislation technique according to the basic logic of judicial judgment.Fourth,the economic construction,political construction,social construction,cultural construction and ecological civilization construction should be guaranteed fully in the scientific legislation of criminal law,so as to meet the needs of the social development in the new era,and make the scientific legislation of criminal law in China practical,popular and epochal. |
