|
|
|
| Dynamic Trend and Change Rule of China's Criminal Law Structure in the Past 40 Years of Reform and Opening up |
| XU Wei |
| College of Cyberspace and Information Law, Chongqing University of Posts and Telecommunications, Chongqing, 400065 |
|
|
|
|
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.
|
|
Received: 15 February 2018
|
|
|
|
|
|
[1] 周少华. 刑法理性与规范技术[M].北京:中国法制出版社,2007.1.
[2] 林山田.刑法通论(下册)[M].北京:北京大学出版社,2012. 272.
[3] 李瑞生. 中国刑罚改革的权力与人文基础研究[M].北京:中国人民公安大学出版社,2011.204.
[4] 张明楷. 司法上的犯罪化与非犯罪化[J].法学家,2008,(4):74.
[5] 周振杰. 日本裁判员审判中的对话量刑及其参考价值[J].法律科学,2015,(4):149.
[6] 苏力. 法治及本土资源[M].北京:中国政法大学出版社,1996.自序.
[7] 周道鸾. 中国刑法罪名解释的历史发展[J].国家检察官学院学报,2009,(5):101.
[8] 高铭暄. 刑法学[M].北京:法律出版社,1982.317-599.
[9] 刘仁文. 废止劳教后的刑法结构完善[M].北京:社会科学文献出版社,2015.266-267.
[10] 方泉. 犯罪化的正当性原则[J].法学,2012,(8):111.
[11] 白建军. 法律实证研究方法[M].北京:北京大学出版社,2014.23.
[12] 王牧. 新犯罪学[M].北京:高等教育出版社,2010.170. |
|
|
|
2018, Vol. 35 
