The Discussion Of Blank Counts

As a subordinate conception of crime, blank description of crime is adopted in the special provisions of criminal law. The most fundamental characteristic of it is that all or part of its special constitutive elements of crime needs other normalizative document of law to confirm as a reference. Actually,this is a kind of "legislative delegation":top legislative body only stipulates accusation and legal sentence of a certain crime, authority of making all or part of its special constitutive elements of crime clear is licensed to other government offices. As a result, blank description of crime is characterized by inclusiveness and openness and plays functionality of tightening criminal net and maintaining the stability of criminal code. Legislators favor blank description of crime.Blank description of crime occupies a large proportion in our criminal law and the number of it would increase with the development of economics and the enlargement of social relations regulated by criminal law. There were two primary reasons:on one hand, some of the provisions of the criminal law article have excessive contents and use of blank description of crime can keep law succinct in style; on the other hand, blank description of crime can meet the needs of the rapid development of society.However, inclusiveness and openness of blank description of crime definitelybring about possibility of. Its existence disobeys in a way the principal of a legally prescribed punishment for a specified crime and this is a problem that we can no longer shunt aside in theory. In practice, we can correct conviction and sentencing depends on whether we can accurately identify and grasp blank counts.The article is around thirty thousand words and is divided into four chapters. Part I, start from existing research, the paper sum up the blank counts of the basic characteristics based on the classification of different perspectives, analyze their differences, and through introduce the blank counts'basic characteristics of and the essential character of classification, to get the more clear understanding of the blank courtsPart II,the existence of the blank counts has its theoretical and practical foundation。On the theoretical basis, all or part of its special constitutive elements of crime needs other normalizative document of law to confirm as a reference, it is easily be suspected violation of principal of a legally prescribed punishment for a specified crime. The principle of democracy and rule of law, the principle of nature of legal monopoly, the principle of definition and clearness of law shall limit existence of blank descript ion of crime in the specific decision of criminal law. On the practical basis, a large and growing number of blank description of crime is an inevitable process and an endemism in criminal law.PartⅢ, discussed the question of references and the criminal retrospective effect of blank description of crime, focusing on the scope of references of blank description of crime. And discusses whether it is fair that apply the doctrine of observing old laws and new ones when with lighter punishment in different circumstances,PartIV, this part analyses the legislative perfection of the blank description of crime. Based on the assessment and analysis of blank description of crime in our country'criminal law, the last part points out its concerns and brings forward some recommendations. This paper expects that it can have some positive and practical significance...