Abstract:In the past 40 years of reform and opening-up, with the rapid development of market economy, contradictions in structural reform and social transformation are getting increasingly intense, which has seriously jeopardized social stability and people's safety, and resulted in a strong need to improve the criminal law structure and to supplement provisions. In response to expanding crime rings, and rising crime as well as ever-changing and escalating crime types, the amendment of the criminal law should be oriented on adjusting crime structure, and adding new crimes as well as expanding the coverage of existing crimes so as to cover new crimes, and objects and subjects of crimes. By adjusting the measurement of penalty, to implement criminal policy tempering justice with mercy, control death penalty sentences, extend life penalty terms, prevent criminals from inflicting further harm, and deter potential offenders from repeating their offences is the direction for the development of criminal law. Chinese criminal law, demand-oriented and development-based, fully embodies people-oriented concept. The structure of the criminal law is getting increasingly reasonable and crime names and penalty measurement are being improved, which points to the modernization of governance ability and system. In the future, with sharp rise in new risks and special hazards, we need to keep the bottom line of the criminal law of securing human rights for all people and precisely limiting the intervention of criminal law in social life, which will ensure sustainable development and steadily press ahead with the reform and opening up.
徐伟. 改革开放40年来中国刑法结构的动态走势和变化规律[J]. 《深圳大学学报》(人文社科版), 2018, 35(3): 107-113.
XU Wei. Dynamic Trend and Change Rule of China's Criminal Law Structure in the Past 40 Years of Reform and Opening up. , 2018, 35(3): 107-113.