Research On Criminal Law Legislation Mode

Legislative model of the whole legislative activities with a decisive role in the criminal law legislation mode selection directly influence the application of the criminal legislation and criminal law, so the research on criminal law legislation mode is of great significance.Since the founding of the research on criminal law legislation mode has not stopped. Since1979of the criminal law of the People’s Republic of China, our country criminal law theory is flowers, schools of thought contend, for the perfection of the criminal form of legislation and judicial made a positive contribution, but the period of the theory of criminal law study accounts for a considerable component of theoretical research results of other countries for reference, in the form of law with Chinese characteristics theory system set up at the exploration stage.In1997, the current criminal law of the People’s Republic of China promulgated, the basic form of the criminal law theory system with Chinese characteristics, criminal legislation pattern choice also there has been a huge shift.At present, our country mainly by the penal code and the two legislative modes of criminal legislation, criminal law amendment is too single legislative model led to a series of problems in the process of China’s criminal law applicable. Will be based on the theory of criminal law legislation mode, this paper analyzes the Chinese and foreign various legislative model in the current criminal law research, and to form the corresponding theory and gives Suggestions for the perfection of criminal law legislation in China.First of all, the author analyzes the connotation of criminal law legislation mode, think of the criminal law legislation mode refers to the legislation in the form of choice and method, approach, including the basic system arrangement and specific choice in the form of normative documents.And comparative analysis of the criminal law legislation mode, will affect all countries legislative mode selection factors of the influence of legal tradition, the influence of the economic situation factors, the influence of the factors in judicial practice, the influence of the international exchange of legal factors and other four factors.Secondly, analyzes the main existing criminal law in the current world legislative model, legislative model, typical case-both type legislation mode, separate criminal law legislation mode, the accessory criminal law legislation and amendment legislation pattern, as well as their merits and defects.Thirdly, compare with France, Germany, Japan, the three mode of criminal law legislation, and to summarize the three legislative mode. And in-depth analysis of the history and present situation of our country criminal law legislation mode, pointed out our country criminal law legislation mode now defects and lead to the corresponding problems.Finally, in view of the above analysis and research to our country criminal law legislation patterns, together with the present situation of legislation mode and the specific situation in our country, proposes the establishment of the legislative model of combination of criminal law legislation mode, restore the use of special criminal law legislation mode, improving the subsidiary legislation mode of the criminal law applicable, amendment of criminal law legislation mode of shrinking modification Suggestions, such as the scope of activities in order to perfect our country criminal law legislation.The author thinks that, on the one hand, to adhere to the principle of the rule of law of our country characteristic, from set out actually, on the other hand to fully analyze the advantages and disadvantages of all kinds of criminal law legislation mode, complement each other, combining with the experience of countries with advanced criminal legislation level, set up is given priority to with penal code, separate criminal law, the accessory criminal law as the auxiliary pole mode of legislation of criminal law, is the only way to perfect our country criminal law legislation mode.