The Legislative Mode of Criminal Law:A Perspective of Criminal Policies

The legislative mode of criminal law refers to the prototype upon which the state legislature bases its criminal legislation.Viewing from the status quo of legislation,one can see that the criminal legislative modes over the world normally fall into four categories:single code,special law,cases-based law and amendments-based law,each of which demonstrates its criminal policy functions.There are several problems concerning China's existing mode:(1) lack of a well established prototype;(2) being monotonous,rigid,of no vitality;(3) failure of the amendments-based law to satisfy the needs of criminal legislation;and (4) failure of affiliate modes to play its expected role.To better combat and control crimes,we should improve China's criminal law legislative mode as follows:firstly,inventing a mixture mode including the code,particular law and amendments-based law;secondly,selecting different mode pursuant to the specific criminal policy;and thirdly,endeavoring to improve affiliate legislative structures.