The Conflict And Solution Between Blank Description Of Crime And The Principle Of Nullum Crimen Sine Lege

Blank description of crime is an important concept in criminal law. Blank description of crime, beyond all doubt, resides owing to the multiple functions of criminal law. The researching of the theorists on the blank description got some results, but it is insufficient. After established the principle of nullum crimen sine lege, the blank description of crime has a number of unreasonable, it will be offend the principle of nullum crimen sine lege. Therefore, researching and reforming the blank description of crime has more significance of theoretical and reality.Researching the blank description that should be first recognized the main contents of the concept and function of the blank description of crime. Classified and summarized it after clarifying the concept of the blank description of crime, and on this basis to define it. The blank description of crime has the open function of criminal law. We must recognize the comparison and distinction between the blank description of crime and the offene tatbestande. The blank description of crime has a wide range in the criminal law, we have to list the involving offenses and the terms, get the better understanding of the blank description of crime's internal hierarchy. In addition, its existence is not occasionally, the blank description of crime is an inevitable need of the criminal law. It has important legal function. The blank description of crime played an important role in maintaining the stability of criminal law, inclusive, rigor and openness.The conflict between the blank description of crime and the principle of nullum crimen sine lege is objective. With the principle of nullum crimen sine lege to analyze the reasonableness of the blank description of crime, it is the simple way to carry out the principle of nullum crimen sine lege. And this approach is an essential requirement of the principle of criminal law. So, we can through the two sides of the principle of nullum crimen sine lege to analysis the blank description of crime. The principle of nullum crimen sine lege is divided into two sides, it is in the form and substance of the rule of law embodied the rule of law. Two aspects of the principle of nullum crimen sine lege is a necessary to the development of the rule of law the article in the form and substance side to measure the harmony with the blank description of crime and criminal law, it is reasonable.According to the demanding of the form part of the principle of nullum crimen sine lege, the article discussed the solution about the blank description of crime and the form part of the principle of nullum crimen sine lege. First of all, we can solute the conflict between the blank description of crime and the principle of nullum crimen sine lege with the demanding of legalism; secondly, we can solute the conflict between the blank description of crime and the principle of nullum crimen sine lege with the demanding of the prohibition of retroactive. Two aspects of the solution path are different, but all based on the conflict to solve the problem.According to the demanding of the substance part of the principle of nullum crimen sine lege, the article discussed the solution about the blank description of crime and the substance part of the principle of nullum crimen sine lege. Understanded the specific requirements of substance's part, will improve the harmonious of the blank description of crime and substance side of the principle of nullum crimen sine lege. It also contains two aspects:the one hand describes the solution about the specific requirements with the blank description of crime; another hand describes the solution about prohibit of the improper punishment with the blank description of crime. Analysis of these two requirements to improve the blank description of crime, make it more consistent with the substance part of the principle of nullum crimen sine lege.Researching on the blank description of crime is a complicated process. The article summarized inspiration of the whole context and described the future tendency of the blank description of crime. The former is that the conflict between the blank description of crime and the principle of nullum crimen sine lege is described, the latter is that the core content of the blank description of crime is summarized.To regulate the blank description of crime is an important problem in the criminal Law. The solution of the problem not only to depend on the principles of criminal law, it is also focused on improving of their own.