Research On Judicial Application Of Blank Counts

Lawmakers in setting up the administrative commit crimes often will use the blankcounts legislation technology, leding to the current offense type specification provision in thespecific provisions of criminal law there are a lot of blank. Since there are a lot of blankcounts in the legislation in indictment, then problem is worth thinking about blank counts inthe judicial practice how to apply charges? Based on this, this article from the Angle ofjudicial application blank crimes has carried on the comprehensive study.The article has three parts. First, it defines blank counts’ concept, and on the basis of theanalysis contains blank crimes criminal law provisions, the blank indictment, structure andclassification of supplementary specification is studied.The article’s second part studies comprehensively on the dilemma of judicial applicationof blank counts and the reasons. Of course, the part is the emphasis of the article. First,judicial application of blank counts have six emphasizes. One, What kind of criminal normscan be blank indictment of the supplementary specification.Two,when supplementspecifications of blank counts point to number regulations, how to choose the supplementspecifications. Three, when filling supplement specifications also having blank terms andneeds other regulation, how to apply. Four, when blank counts is not link up with supplementspecifications, how to apply. Five, when judicial interpretations is inconsistent withsupplement specifications, how to handle. The last, when supplement specifications change,how to apply. Second, the article indicating non-criminal norms’ inherent properties, theimmature of legislative technology and advance judicial interpretation are main reasons whichlead to dilemma.The third part also is the emphasis. Against to six judicial applications of blank counts’dilemma, this part solves them. First, we clearly elaborate the principles of judicialapplication of blank counts containing statutory principles and criminal law’s last principle.Second, this part elaborates methods of solving problems. One,Supplementary specification canonly be in the national normative legal documents has a universal validity.Two, when supplementspecifications of blank counts point to number regulations, we divide two situations: one iswhen non-criminal regulations are not meeting the hierarchy of criminal claim, it cannot assupplement applications to fill blank counts; two is when non-criminal regulations which meet the hierarchy consist, it should apply interests identity rule. Interests identity rule iswhen choosing supplement specifications, we should choose the non-criminal regulations thatare the same to criminal law protecting interests to fill constituent elements of blank counts.Three, when filling supplement specifications also having blank terms and needs otherregulations, we can apply other regulations to fill blank terms. Four, when blank counts arenot link up with supplement specifications, we should pay attention to independence judge ofcriminal law value to prevent blank counts’ explanation attaching on non-criminal regulations.Specifically, one is some behavior conforms non-criminal regulations which have criminalresponsibility, but there are not rules or it cannot interpret, we should identify innocence；Two,when blank counts are point to supplement specifications and provide rules of violations havenot criminal responsibility rules, as long as the behavior consists with criminal law or can beregulated by interpretation, we should identify innocence. Five, when judicial interpretationsconsist with supplement specifications, we should prevail with supplement specification, notapply judicial interpretations. Last, when supplement specifications change, we shouldidentify criminal law’s change, applying “basis old and light” principle.