The Regular Pattern of China's Criminalization in Criminal Legalization and the Refinement of Principles
Hou Shua
Abstract
Hou Shua
Abstract
From the 1997 revised Criminal Law to the 2011 Criminal Law Amendment(Eighth),China's criminal legislation has shown a trend of placing criminalization first,decriminalization second and the criminal circle gradually expanding.41 new charges added to the criminal law are statutory offenses and most of them aim to protect the legal interest of the public.The refinement of criminalization should accord with the abstract principles,including following the characteristics of current social development and criminal policy at this stage,adapting to China's criminalization mode of Legislation Determining the Nature and Quantity,and paying attention to the relations between criminalization of criminal legislation and the system of criminal law.
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From the 1997 revised Criminal Law to the 2011 Criminal Law Amendment(Eighth),China's criminal legislation has shown a trend of placing criminalization first,decriminalization second and the criminal circle gradually expanding.41 new charges added to the criminal law are statutory offenses and most of them aim to protect the legal interest of the public.The refinement of criminalization should accord with the abstract principles,including following the characteristics of current social development and criminal policy at this stage,adapting to China's criminalization mode of Legislation Determining the Nature and Quantity,and paying attention to the relations between criminalization of criminal legislation and the system of criminal law.
Key concepts: Criminalization, Criminal law, Legislation, Legalization, Law, Political science, Decriminalization, Statutory law