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subsidiary provisions of the Criminal Code refers apt the economic laws, magisterial regulations and other non-criminal valid penalties as crimes in the Criminal Code of subsidiary norms. Legislative prototype is a subsidiary of the Criminal Code refers to the subsidiary legislation of criminal law norms adopted by the type of wording. Criminal legislation namely subsidiary legislation approximately the globe one important portion of criminal law. Model system of penal legislation for a subsidiary of content and fashion of subsidiary legislation penal norms and patterns, were interdependent. Complete, a subsidiary of criminal legislation of technological models, is a extremely comprehensive national criminal legislation major characterization, yet too reflects a class of national criminal righteousness.
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subsidiary of criminal law mode of criminal law legislation the value of subsidiaries radiated pattern in the type of legislative codification of the legislative model based subsidiary of the principles of criminal legislation of China?s subsidiary mode is selected the contents of our criminal law model of criminal law legislation subsidiary to subsidiary Criminal Law The value of the subsidiary?s subsidiary to the criminal law to adjust the relationship between criminal law has its own peerless value: 1st, subsidiary penal system has a lusty, vocational and adaptable. As the single criminal law provisions generally only focus aboard 1 alternatively several alike criminal responsibility, mostly played the role of drip fraught, so there is nothing systemic at always. The subsidiary is cared almost the administrative criminal law, economic law violations and criminal doings among, and accordingly have a strong system of nature, the existence of such a system, not merely to assist the criminal justice workers in the judicial practice of the pertinent legal provisions invocation, and can make the public for such crimes have a holistic comprehending of the objective is also to play a general prevention effect of criminal law. have their own control scope, so they adjust social relations has a strong professional traits. And because a strong professional, and proficient to cope with the pertinent administrative laws and regulations, so it can be for assorted violations of administrative law with differ social behavior of the corresponding provisions of the perils of criminal responsibility, and accordingly extra profitable to adjust the principles of criminal culpability achieved. Second, the subsidiary conservation of criminal law is more favorable to the exercise of the rights and duties to fulfill. the need for discipline, but no mistrust reflects the administrative law, economic law that the magnitude of the corresponding criminal liability. Once these laws provides for criminal liability, ambition be included in a legal form of administrative responsibility, criminal liability, including a complete system, not only can prevent common administrative law, economic incidence of violations, and can alert the criminal to discourage deterioration of the general crime offense, played the role of general obstruction. [1] model of subsidiary legislation of criminal law, whether civil law countries, or the mutual law countries, in the evolution of ancillary criminal law norms, primarily two kinds of model legislation, which dispersed in the type of model legislation and codification-based legislative model. Scattered type of model legislation here shrieked sporadic type of model legislation, refers to the economic laws, administrative regulations and other non-criminal legal provisions instantly related crime and discipline provisions of the legislation. This model legislation in most countries of subsidiary legislation adopted by the Criminal Code. This is so, it is a subsidiary of its own, complementary and characteristic nature of the decision. According to the legislation of the world, spread in the type of model legislation can be divided into dependence of the scattered type of legislation and independence of the scattered type of legislation 2. 1 reliance of the scattered type of legislation dependence of the scattered type of legislation, is the subsidiary of criminal law norms does not directly regulate the aboard crime and discipline of the entire contents, but the Penal Code or a single criminal has a definite dependence of the legislation. It has 2 characteristics: First, this legislation does not provide for a subsidiary of the Criminal Code norms on crime and punishment of the entire contents. In whole or in part to be attached to the Criminal Code or a single criminal law provisions of the relevant provisions; Second, the provisions of this legislation is required for concern of, modify, supplementary or analytical norms, may also invest that create norms. This legislation can be divided into the following three conditions: (1) general neatness synopsis neatness, is the subsidiary norm of criminal law in general terms only of a decisive kind or certain kinds of criminal behaviour criminal This subsidiary legislation in the regulation of criminal law in our country the maximum prevalent. (2) express-style express style, refers to the subsidiary or the criminal standard that the brand is spliced to the terms of which characteristic laws or provisions which in terms of what the law or what counts. This legislation are the emulating four scenarios: First, in consensus with the provisions of a law (Penal Code, or single criminal) criminal prosecution. (3) cf cf type style, is a subsidiary of the provisions of criminal law norms of their current crime, only requires charges and counts. And its punishment to the precedent of a single criminal or penal code provisions punishment legislation. This legislation prevalent in the criminal law of China?s subsidiary specifications. (2) independence of the scattered type of legislation in the independence of the scattered type of legislation, criminal law norms in the subsidiary is directly beneath the content on crime and punishment are not accompanied to anyone other law legislation. This legislation in the style of national legislation on the retinue two cases: (1) establish general principles of criminal law norms. (2) build criminal law norms. Compilation-based model legislation codified the so-called model-based legislation, refers to a subsidiary of non-criminal law codification of criminal law norms. This legislation is based on the sporadic type presupposes the existence of legislation, which itself belongs to an access of subsidiary legislation, the Criminal Code. It is a systematic criminal law norms directed present as a subsidiary legislation. It is not restricted to the existing criminal law standard of outer processing subsidiary, meantime subsidiary in the re-examination of entire existing norms on the root of criminal law, criminal law codification of the non-field lead to adjust the legal documents. This compilation, it is essential to mobilize the existing subsidiary criminal law norms, which eliminate some incompatible and overlapping, but also to increase some current standards to fill gaps and reinforce the coordination among the criminal standard, so as to form a joint from some conviction, there are inherent unity. This legislation not only to vanquish the sporadic type of the failings of legislation, but also for the revisions to the Criminal Code to create the conditions. This legislation has not been used in China, but in numerous alien criminal legislation is adopted, a more prominent while the Netherlands, Federal Republic of Germany Because the two countries similar in content, therefore, only the Netherlands, Netherlands in 1950 to amplify the The method involves a total of 50 kinds of economic laws and regulations of the terms of the specific can be divided into 6 categories: First, the agricultural economic law; second necessities law; Third, compensation and amount method; Fourth combination law; Fifth, transport law; Sixth Retail Goods Act. The law includes either substantive law of economic crime and procedural law, including economic measures on criminal justice organizations. The Act provided not specific economic crimes are the constituent factors and penalties, these laws and regulations by the suitable economic criminal law norms in the subsidiary to be provided in the Act is only an indication of the economic regulation of economic crime are the 1st few terms. This is only a brief profile of economic crimes that the origin of its substance from the specific economic regulations of the legislation, it should be phoned The law makes provisions have been scattered in assorted economic criminal law norms in the subsidiary regulations by a certain style to form a systematic legal documents, which to a considerable amplitude, vanquish the sporadic type of the drawbacks of fragmentation of legislation, the appropriate law provides for the judiciary facilities. However, the law also exists the following inadequacies: First, it is only ancillary to the existing economic regulations in the codification of criminal law norms, but not including other non-criminal law criminal law norms in the subsidiary, the range is also lessen; the second is the method the entity law, procedural law and judicial measures to organizational merger provided for in a legal document, does not encounter the legislative trend of specialization; Third, it is not easy to be accustomed as the legal foundation for principle and sentencing of the judiciary. [2] the alternative of subsidiary principles of criminal law legislation modes subsidiary criminal law around the world have taken a lot of legislation, while legislation is not only a diversity of strengths and disabilities of existence, but also provides the content is also alter. If the inappropriate use of legislation, ambition inevitably guide to many problems. Therefore, the subsidiary of the best mode of criminal legislation is an extremely serious legislative process. So, focus on the reality, you have to choose the best model. To get scientific subsidiary normative criminal law properly to facilitate the implementation of judicial train, research and thinking should be the 1st non-criminal offenses below the law to the differ circumstances and with the provisions of the Criminal Code or a single criminal law of different relationships for different circumstances take a different legislative models. Specifically, the retinue aspects should be sure: 1. Take concern of norms for the provision, that the provisions of sub regulation of criminal law to a variety of criminal doings in the Penal Code or a single clearly defined in criminal law, but to attach to their provisions, but to take dependence of the scattered type of general-type legislation. Any subsidiary of the Penal Code, criminal law norms have been prescribed or single criminal misdemeanour needs to make some changes, as well as to appendix or annotate the norms in the subsidiary created a new criminal misdemeanour, you can not adopt this legislation. Should be particularly eminent that the use of the provisions of this legislation, At the same period, this legislation only in the subsidiary beneath the criminal law standard of criminal acts to be additional to the Penal Code or single criminal law and the terms and contents of the more dispersed before use. (2) provides the following two cases for the description only uses the dependence of scattered type of express-style legislation: First, the Penal Code, or single criminal has been defined a certain kind of crime, criminal law norms in the subsidiary is care for the necessary requirements; second subsidiary regulation of criminal law provisions in criminal acts, nevertheless the penal code or criminal law yet provided for in a single line, but counts on a single line with the Criminal Code or the provisions of the Criminal Code is not exactly the same, or for which no single criminal or penal code provisions explicitly included, or guilt, although persistent, but the Criminal Code or a single legal punishment of criminal law clearly incompatible with this crime, and accordingly need to be part of the subsidiary regulation of criminal law rectify, accessory or explain. However, using this legislation to be sure to specify which law in consensus with the provisions of which should shirk the kind of general, opaque, 3 for the provision created norms that subsidiary norms of criminal law shall provide for new criminal behavior and in the Penal Code or a single criminal law can be found in most alike terms can be compared punishment, you can use dependence of the scattered type of cf-style legislation. The use of this legislation should also be pointed out to cf to which the laws of which the terms should be avoided, 4 For general principles of criminal law norms and create new crimes and create in the Criminal Code or the Penal Code can not detect the single most similar terms can be likened to norms, but to use the independence of the scattered type of legislation. Created in the development of China?s criminal law norms of the subsidiary, did not use the independence of the scattered type of legislation, mainly deserving to one of our legislators do not stand in the punishment to the provisions of sub regulation of criminal law. NPC Standing Committee has advocated: mutatis mutandis as the provisions of system coordination specifics of the determination. China?s current criminal law legislation whether the subsidiary does not alteration the traditional conception of criminal legislation, is still a mechanical implementation of a certain kind of model legislation, regardless of the objective reality of the legislative prerequisite, is jump to continue to expand the existing subsidiary of the coverage of criminal law legislation flawed, leadership to more chaotic judicial train . Therefore, I deem that our use of the independence of the scattered type of legislation, not only to adjust to the world development trend of subsidiary legislation, criminal law, but also practical, but also real as our top priority. Of course, using this legislation is not peremptory, should observe the following principles: First, the general principles of the General Penal Code, the rule of independence of the scattered type of criminal law norms have a detaining achieve on the subsidiary; the second is the independence of the scattered-based subsidiary of criminal law norms should be no conflict with the criminal law; third type is the independence of the scattered among the subsidiary regulation of criminal law should be harmonized; Fourth, the independence of the scattered-based subsidiary of legislative norms of criminal law, can only be exercised by the NPC and its Standing Committee. 5 In array to nourish stability and seriousness of criminal law, also enacted in mandate to lest a great number of single criminal law, criminal law norms of the existing subsidiary should be compiled using the fitting type of legislation to make it according to certain systems and principles of centralized and systematic. In order to improve our current subsidiary of the Criminal Code, the founder recommended that the state authority should proceed to regulate the existing criminal law codification subsidiary. Because, as China?s socialist mart economic system, the gradual establishment of non-criminal law, primarily economic criminal law norms in the subsidiary legislation will be a lot of went out, it will chance increasingly involved in zones of wide variety of patterns of crime also will chance increasingly complex, and its distribution will be increasingly shredded, sub regulation of criminal law because the legislative model with a single defect will lead to pile up prominent. The objective facts, regardless of people?s understanding of the law or the judiciary to enforce the law, will bring a lot of inconvenience. If China?s authority in a timely style to the existing norms of criminal law codification subsidiary, to overcome the on drawbacks and contradictions. However, in using this legislation, they should disburse care to the following questions: First, the scope should not be compiled as the Dutch codification. Second, the compilation of legal documents should be based subsidiary of the Criminal Code regulate the content, careful provisions on criminal charges, counts, and legal punishment. Should also denote what the crime is the first of several non-criminal law provisions to reserve the compilation of legal documents and legal relationship between the origins of non-criminal relationship. Third, the compilation of a variety of legal documents should not be a simple medley of ancillary criminal law norms, but should the existing criminal law norms to attach to the subsidiary, modify, supplement, explain, or create, in order to eliminate conflicts, add to the blank, so that systematic and standardized and reasonable. Fourth compilation of legislative power shall be exercised by the NPC Standing Committee. [2] China?s Criminal Law of the contents of the subsidiary involved in the criminal law of China?s subsidiary, there are five content areas: first, the provisions of the new charges. 1984 Labor Law Increase in the subsidiary in these criminal charges although seldom in the authority of justice involved, it gives faultless complement criminal justice system. Therefore, some of the crimes, such as the crime of counterfeiting patents, product and bargains of inferior quality and so on through the development of single criminal offense or criminal law amendments are to be sponged. The second is to modify some of the constituent ingredients of crime. For instance, criminal law, product and sales of counterfeit goods is a natural person subject of the crime in 1993, Constitute the crime of criminal law, relatives and friends of the subject of judicial staff, while in 1992 the The third is the criminal law provisions counts explanation. 1979 Penal Code section 187 provides only a general dereliction of duty, did not describe the guilt, and criminal law in the relevant subsidiary counts of dereliction of responsibility to make a careful description. For sample, in 1989, crime, in accordance with the provisions of Criminal Law eighty-seven criminal prosecution. resulting in bankruptcy, resulting in cumbersome losses of state property The fourth is the creation of new kinds of punishment, really increase the General Penal Code of the increased punishment criminal types. The fifth is to provide sentencing. Such as the 1990 criminal legislation for adoption of a single model to the dependence of the scattered type of legislation, a subsidiary of China?s criminal law norms in the paucity of judicial interpretation of the case, there are numerous failings, leadership to a subsidiary of China?s criminal law in the legislative, judicial and theoretical chaos . Criminal Law of China subsidiary legislation the following shortcomings: 1 provides a general, opaque. China?s criminal law norms subsidiary or single criminal law the Penal Code already provided for criminal acts and criminal acts of their newly created, ordinarily, provisions of the problem level is not very clear circumstance of tough implementation, which according to the law is no value. Also to the bounce of Justice arranged a 2 Affiliated with the norms of criminal law on charges of criminal law in disharmony. Some of the existing subsidiary of criminal law norms, according to its content, and can not amount up what counts, this counts in the legislation because of the uncertainty caused controversy, not only influence the charges of judicial practice on the consensus of identification, but also undermines the Affiliated with the norms of criminal law in the dictate of criminal law on the publish of harmonization. 3. Subsidiary of criminal law norms and their cf counts of criminal law provisions on the absence of coordination. This mismatch is mainly manifested in the following situations: (1) criminal law norms created subsidiary of crime in the Penal Code or single criminal can not ascertain the terms cf the corresponding penalties. (2) between the different nature of the crime cf cf and was occasioned by absence of coordination. (3) between the different forms of sin and crime cf cf caused by lack of coordination. 4 criminal norms stick some of the subsidiary?s dependence scattered type of cf-style legislation, purely to lend the Criminal Code or the terms of the legal punishment of a single criminal law, resulting in legislation of far-fetched adhesion to the precision of the discipline and coordination are affected. Best of subsidiary legislation under the criminal law the principle mode of culling, from improving the existing legislation and future subsidiaries to think two aspects of criminal legislation, criminal law should take the following subsidiaries in China more than the style of legislative models: (1) dependence of the scattered type of model legislation. Specific methods may comprise the following: First, the general style; two express style; third cf type. (2) independence of the scattered type of model legislation. (3) To compile type of model legislation. If these legislative models in the current and future subsidiaries of criminal law legislation be really implemented, and implementation of criminal law will make our subsidiary legislation to achieve a tall degree of perfection. Perfect model of China?s criminal legislation is a subsidiary of a colossal system, a pet project, which includes the subsidiary legislation of criminal law norms, change, waste and other aspects. Impossible by this stage to conduct a comprehensive compilation of ancillary criminal case, according to the scattered pattern in the type of legislative requirements of ancillary criminal legislation is completely feasible. Priority is to create a new subsidiary of criminal law norms in crime in the Penal Code or the closest single criminal law provisions can not be found mutatis mutandis in the case, using the independence of the scattered type of model legislation to adapt gradually to construct up a socialist mall economic an urgent prerequisite. [2] References 1
Source 1
http://www.chinacourt.org/html/article/200808/28/319186.shtml
2
Source 2
http://www.whylaw.com/thesis/open.asp?id=501
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