The Research Of Criminalization In The Amendments To The Criminal Law Of Our Country

With the rapid development of society in china, crime has emerged some new situations since Penal Code was renacted in 1997. In order to deal with this, the legislature promulgated the seven amendments to the criminal law timely, to delete some unlikely charges real life and add some new charges that need to be adjusted and managed. Therefore, the concept of criminalization play a particularly important role in the revision process of Criminal Law Amendment . Currently , our country's criminal legislation,should be " criminalization ", on the one hand, criminalization in criminal legislation owes its existence value and significance, this means that does not necessarily lead to the looters of individual rights and the inevitable infringed, On the other hand should change our concept, establishing and perfecting the judicial criminal integration principle system, ensure the criminal justice system of strict and not complete. At present many academic achievements not only preliminary answered the crime of basic theoretical issues in our country, the Criminal Law Amendment of legislative ideology research also contribute. But it's still have many problems and insufficiencies. Generally speaking, the domestic of crime research,still lacks legal theory support and sociology microeconomic foundation, its study field, research methods and research strength also need further expansion. Especially in the research contents, some insufficiencies exit in the seven Criminal Law Amendment .content of crime in-depth study of insufficient. In view of this, this paper aiming at the problem of the Criminal Law Amendment of crime investigation research.The paper is composed of the preface and other four major parts.Preface mainly introduced the crime of the concept and its research of practical significance, as well as our country criminal law amendment of criminal, thus the concrete expression of the amendment of criminal legislation present situation of the advantages and limitations summed up, leads to which contain many controversial problems.The second part is mainly about the implementation of crime in criminal law amendment of thought the necessity of the analysis and discussion. Generally speaking, of criminal legislation crime based on several reasons: one is based on reality, namely, increasing new dangerous act, 2 it is criminal legislation adaptability, namely former legislation due to its lagging already can not adapt to the new development characteristics, many harm the social behavior punishment cannot can depend on. Therefore in pay attention to ensuring human rights, and establish light-crucifixion ideological premise, the our country present stage should adopt the criminal legislation of crime.The third part is mainly aimed at present our country criminal law amendment of criminal problems that should be paid attention to by summing up and analyzing. In this respect, should pay attention to in amendments crime of restrictions. Remove the limitation of legislative, the restrictions have accidents from within, namely its necessity and feasibility of limits, and comes from the external,The fourth part mainly discusses criminal amendments to the criminal law of our country restriction and the formulation of modification. First of all, we should promote legislation value conception change; Second, we will provide evaluation for amendment legislation on the rationality of standards. firstly, the behavior whether grasp the necessity of infringing with the protection law benefits, Secondly, actor infringement law profit whether have subjective vicious, Again, behavior caused French jether actual infringement meets the need of criminal law regulation of degree. The second is "real possibility", i.e., for some behavior of the crime, must accord with a series of reality the required conditions. To make the criminal law has corresponding real possibility. Specifically speaking shall include social conditions and technical conditions. Finally, it should fully implement the criminal policy of tempering justice with mercy: from the Angle of "wide" shall KuanYan moderate, reasonable punishment, actively safeguard human rights,The whole article analyzed our country criminal law in the amendment of criminal problems existing problems by rigorous attitude and objectively, and puts forward some ideas to solve the problem, the hope can cause attention, can make relevant departments related problem better solution, thus ensuring the amendments to the criminal law legislation process of benign development.