2008Legal ForumRequires access

The System of Criminal Law Since Reforming and Opening for 30 Years

Chen Qin

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Abstract

From the perspective of criminal law legislation,this article concretely studies the development of our criminal law since 1979.In the article,the history of Chinese criminal law legislation in past 30 years is divided into two periods,e.g.,one is beginning stage of criminal law legislation to mature(1979——1997)and another is mature of criminal law legislation to perfection (1997——2008).Meanwhile,this article briefly interprets the main achievements and characteristics of Chinese criminal law legislation. The article points out that Chinese criminal law legislation should focus on the following from now on (2008): (1) as for concept of criminal law legislation,to pursue the protection of human rights and set up objectivism;(2) as for form of criminal law legislation,there mainly are amendments of criminal law,as well as interpretations of legislation and judicial interpretations; and (3)as for contents of criminal law legislation,some defects of the rules of the existing criminal law are improved,and some new legal contents should added to the criminal law according to the development of rule of law in China.

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From the perspective of criminal law legislation,this article concretely studies the development of our criminal law since 1979.In the article,the history of Chinese criminal law legislation in past 30 years is divided into two periods,e.g.,one is beginning stage of criminal law legislation to mature(1979——1997)and another is mature of criminal law legislation to perfection (1997——2008).Meanwhile,this article briefly interprets the main achievements and characteristics of Chinese criminal law legislation. The article points out that Chinese criminal law legislation should focus on the following from now on (2008): (1) as for concept of criminal law legislation,to pursue the protection of human rights and set up objectivism;(2) as for form of criminal law legislation,there mainly are amendments of criminal law,as well as interpretations of legislation and judicial interpretations; and (3)as for contents of criminal law legislation,some defects of the rules of the existing criminal law are improved,and some new legal contents should added to the criminal law according to the development of rule of law in China.

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Available abstract

From the perspective of criminal law legislation,this article concretely studies the development of our criminal law since 1979.In the article,the history of Chinese criminal law legislation in past 30 years is divided into two periods,e.g.,one is beginning stage of criminal law legislation to mature(1979——1997)and another is mature of criminal law legislation to perfection (1997——2008).Meanwhile,this article briefly interprets the main achievements and characteristics of Chinese criminal law legislation. The article points out that Chinese criminal law legislation should focus on the following from now on (2008): (1) as for concept of criminal law legislation,to pursue the protection of human rights and set up objectivism;(2) as for form of criminal law legislation,there mainly are amendments of criminal law,as well as interpretations of legislation and judicial interpretations; and (3)as for contents of criminal law legislation,some defects of the rules of the existing criminal law are improved,and some new legal contents should added to the criminal law according to the development of rule of law in China.

Key concepts: Legislation, Criminal law, Law, Political science, Criminal procedure, Public law, Comparative law, Criminal justice

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