Research On The Prepositive Legal Specifications Acceptance Problem Of Criminal Law

The acceptance of criminal law under the norms of the former law refers to how the preceding norms should be invoked in the judicial link in which the judiciary evaluates the illegal acts in accordance with the criminal law in the legislative process of perfecting and adjusting the existing criminal law.The question of how to apply.From the current situation of criminal legislation in our country,the criminal legislation is adjusted frequently with the arrival of the risk society and the era of legal offense,and the norms of the former law are continuously accepted by the criminal law,and the tendency of the former illegal acts into the criminal law is obvious.In the face of this trend,scholars take a very different attitude,some support the criminalization of the former illegal acts,because this is the requirement of the times,but also the strict law net,the necessary condition to protect human rights;Some scholars believe that this violates the principle of modesty of the criminal law,erodes the existence value of the pre-law,and unduly restricts the freedom of human beings,which can be used for reference in the legislation of the two-track system in foreign countries.Model to lay the foundation for final acceptance criteria.In view of the present situation of criminal justice,the usual practice is to accept the provisions,standards,results of treatment,etc.to a large extent,the antecedent law has become the basis for the criminalization of behavior.In order to break through this dilemma,the independent judgment of criminal illegality and the arbitrariness of conviction and sentencing are obviously different from the general concept,undermine the judicial authority and credibility,and hinder the development of society.First of all,it is necessary to clarify the interactive relationship between criminal law and the complementary coordination and premise of the former law,and to clarify the position and function of the former law in the constitution of crime,which is an essential element in the constitution of crime,and to redefine the legal benefits of crime in the new era.Only in this way,can we explore a more efficient and operable method of judicial acceptance of the antecedent law.From the angle of legislation and judicature,this paper puts forward the acceptance standard and mode of criminal law of the former law.In legislation,it advocates that the criminal law should be entered into the criminal law conditionally when legislating,and the crime should meet the double standards of quality and quantity.The punishment is mainly light punishment,which is well connected with the former illegal punishment.It can also optimize the way and value of the former law by providing for the crime of prosecution,making up for the lack of legislation by means of legislative interpretation and judicial interpretation,and drawing lessons from the legislative model of the twotrack system.In the administration of justice,we should choose the appropriate preposition method,and select and deal with the conflict according to the rule of invocation...We should also give full play to the role of substantive interpretation.There are different criteria for the application of different norms.When judging crimes,we should emphasize the independent judgement of criminal illegality,appropriately refer to and adopt the provisions of the preposition law,etc.so that the judicial admission of the prefrontal law should be rationalized and fair.