Study On The Legislation Of The Special Criminal Law

On the standard of the applicable scope, the criminal law can be divided into ordinary criminal law and special criminal law. The Ordinary criminal law refers to the punishment code that has general applicable effects. The special criminal law includes criminal law of single file and subsidiary criminal law. In our country, the former refers to the Standing Committee of the National People's Congress. The particular criminal law refers to the issues of particular person, particular area, particular time or particular things, and always appears through "determining "," additional regulation ". The latter are the criminal responsibility clauses in the non- criminal laws. Stability is the characteristic of the code, which offer the clear standard of standardizing for guiding the behavior of the citizen; however, it can cause the lagging of the punishment code. It is unable to adjust the new social relationships appearing because of the development of the society, and content can have been unseasonable gradually even. It causes the punishment code to be divorced from the society. In this case, special criminal law has appeared as the supplementary form to the punishment code. It can make the punishment code corresponding adjustment to the change of the society in right time. It can remedy the defect of the punishment code and make the punishment code maximum assurance with the social life. We can say this is a requirement of the society and the law. The existence of the special criminal law make the criminal legal system of our country demonstrates mainly on punishment code and supplemented by special criminal law.The special criminal law of our country has played an important role in the legal system of criminal law. This reflects not only from the modification of punishment code pieces of crime form, setting up the fresh crime, formulating new penalty in many aspects , but also including the modification of general provisions of the code. However, we should realize the defects that special criminal law has when we see the achievements of the special criminal law. Single file criminal law has many defects such as random legalization, and harmony bad, severe punishment trend and so on. In addition, the subsidiary criminal law mostly adopts the legislative modes of the summarizing type and looking after type. It mostly stipulates the detailed crime and the legal punishment. Thus, it makes subsidiary criminal law cavity, and the crime and punishment confused, so it is difficult to reflect the function of subsidiary criminal law.The defects of the special criminal law put forward the corresponding solution. A primary one is carrying on reform to legislative mode. It should analyze to punishment code, criminal law amendment, single file criminal law and subsidiary connection and difference. On this foundation, adopt the "centralized" and way to "disperse" to different items. Generally speaking, the crime that the punishment code stipulates should be mainly a traditional crime that can be described briefly. The criminal law of single file stipulates is mainly the criminals that there are more types, and cannot be described briefly. The subsidiary punishment law mainly related to the slight economic crimes and administrative crimes. In addition, it should also pay more attention to the establishment of the penalty at the criminal laws. It cannot pursuit severe punishment simply, especially to the regulation of death penalty. It should follow the balanced principle of crime and punishment. Because the special criminal law affected greatly by the criminal policy, and has the characteristic of emergency, so many places stipulate too carelessly. This needs strengthening the work to the interpretation of the special punishment law. It will make the special criminal law concert with the punishment code, the social life, and realize the unity within the criminal legal system.