Anomie And Restructuring: The Research Of Alternative Accusations-In The View Of Legislative Language

Alternative Accusations plays an important role in PRC’s Criminal Code,the research of Alternative Accusations is more important under the trend of Criminalization But the current academic research on Alternative Accusation is insufficient.Whether the use of legislative language in Alternative Accusations is reasonable affects the authority of criminal law directly and the actual effect of criminal law.Based on the perspective of legislative language,this paper conducts a comprehensive empirical study of the legislative and judicial status of Alternative Accusations,analyzes its reasons for anomie,and then tries to correct the anomie situation.This paper consists of five parts,which are as follows:The first part:Introduce the basic theory,legislation and judicial practice of Alternative Accusations.The basic theory part mainly consists of conception of Alternative Accusations,characteristics of Alternative Accusations,differencesbetween the relevant concepts,summary of the reasons for formulate of Alternative Accusations,discuss and criticize the value of Alternative Accusations.In practice,firstly,the current legal provisions on Alternative Accusations were insufficient,by analyzing of the current legal provisions,summarize the detailed rules of application of Alternative Accusations.Secondly,by analyzing 466 cases,the realistic problem of Alternative Accusations was found.Finally,it is found that there is a serious problems in Alternative Accusations,its anomie in Alternative Accusations whether the legislation or the judicial application.The second part:Empirical analysis of the clauses of criminal code with the perspective of legislation linguistics,which consists of the use of punctuation marks,words and the logic.From the macroscopic aspect,there are three mainly problems:the number of Alternative Accusations is too large,the elements of Alternative Accusations are chaotic and the legislative logic of Alternative Accusations is also chaotic.Those problems are the"original sin"which causes the anomie of Alternative Accusations.In addition,this chapter also summarizes a Formula which called“Alternative Accusations’Number Formula”:Y=(2ⁿ¹-1)×(2ⁿ²-1)×(2^nx-1).This part is the key of the empirical research.From the perspective of legislative language,it shows the status of the anomie of Alternative Accusations in an all-round way.The third part:This part mainly lies in the analysis of the reasons for the anomie of Alternative Accusations,there are two main reasons for the anomie.First of all,the external reason lies in the inherent limitations of the language itself,and the internal reason results in the backward status of the current legislative language technology.Secondly,in essence point of view,the anomie of Alternative Accusations is caused by the tendency of criminalization and accurately lawmaking activity.The fourth part:Confront the chaotic situation of Alternative Accusations,this part tries to make a difference.In the view of legislative language,through the scientific legislative language technology to transform the Alternative Accusations,and endowed with proper values.Finally,compare with the legislation of Alternative Accusations in Taiwan area and learn from it.The fifth part:Through the former research,this part makes a daring attempt in Alternative Accusations.And respond to the possible problems that may arise after the transformation.