(a) briefly review of legislative mode China criminal legislation in 60 years of Chinese

According to the China criminal legislative process can be seen, in form, in the initial stage of legislation of Chinese criminal law, special law of a legislative mode only; in the stagnant stage, there is no legislation; in the formulation and the revision stage, is shown as the criminal code, separate criminal law, criminal law and with three kinds of legislative mode, can say, since the date of the penal code, criminal code, separate criminal law and accessory criminal law "three carriages" racing together bridle to bridle the unified form of the legislative system in our criminal law. In essence, the legislative mode of the criminal law of our country only a single criminal law and penal code "two wheel drive". Because, in our country criminal law and foreign affiliated subsidiary criminal punishment guilty, subsidiary criminal law in our country are anaphoric provisions stipulated only ", constitute a crime in the legal liability of non criminal law, criminal responsibility shall be investigated in accordance with the provisions of", there is no specific charges and the legal punishment. The criminal law is stipulated crime and its legal consequences (mainly is the penalty) laws and regulations. The basic content of criminal law should include that crime tenable condition (counts) and the legal effect of (penalty), visible, at present this guilty of accessory criminal law no punishment is only scholars dubbed the "criminal law", "criminal law" and no real, in this regard, China doesn't exist in the subsidiary criminal law. In judicial practice, the guilty of accessory criminal law no punishment will not punish the crime of criminal law based on the role of the judiciary, not on the basis of the provisions of prosecution and conviction and sentencing, still need the legislature enacted amendment or single criminal law to be implemented. Obviously, this dummy affiliated criminal provisions on the conviction and sentencing, of no value.

(two) comments on legislative mode China criminal legislation in 60 years of Chinese

Criminal law, the legislation pattern, practice around the world is different, theorists have different views. In fact, no matter what the legislative mode of criminal law is There are both advantages and disadvantages. The characteristics of criminal law has the authority, stability and integrity, but the authority of the criminal code easily become bound people's ideological shackles, so that people will only criminal law as the only form of criminal law, criminal law pursues the unification. On behalf of my country Taiwan famous criminal jurist forest Mr. Yamada has this aspect. Mr. Lin on economic crime legislation has pointed out: "the economic crime stipulated in the criminal law, the criminal law has the shape of economic criminal law, the nature is easy to produce the general preventive effect and has the deterrent function of economic crime, but the economic criminal law provisions in the criminal law of other regulations outside, on the criminal legislation and policy social psychology point of view, with the inevitable loss: on the one hand, because the legislation system, the law is stipulated in the civil or administrative matters or other legal relationship as the main body, but only to violate the provisions to restrict or prohibit the beginning, incidental to the penalty. On the other hand, due to the provisions of the criminal law is the essence, but does not have the form of criminal law. Intimidation, easily concealed penalty in this case, but its legislative intention and criminal elements as well as for economic crimes' social non price judgment ', each ignored for the public and criminal justice. Therefore, the economic criminal law legislation in the criminal law laws and regulations, in general prevention effect, may have lower crime deterrence function."[1]The stability of criminal code will exclude criminal law timely,[2]The integrity of the criminal code will lead to criminal law "cover and contain everything" and the principle of. The biggest single criminal law is characterized by strong flexibility and pertinence, but flexible indicates that the random component of large, often the single criminal law as just pure contingency measures to adapt to the needs of the society, but too often the formulation and revision, variability leads to its content, influence the stability of the criminal law. The content in detail and gradually become the criminal code alternatives.[3]Accessory criminal law is the statutory crime and the establishment of the criminal law, the biggest feature is convenient. Accessory criminal law is divided into dependent accessory criminal law and independent subsidiary criminal law. Independent crime and legal punishment is not dependent accessory criminal law, no practical significance. Independent subsidiary criminal law in the legal norm of non criminal in independent of criminal law norms of charges, charges and the legal punishment, whether it is only in the criminal law general guidance, can the independent sentencing.[4]Can play on the basis of conviction and sentencing of the role, but the complete structure of the penal code will have a strong impact, will also have a greater impact on the legal system. It is various kinds of legislative modes are both advantages and disadvantages, so, countries not only adopt a legislative form, but with the use of.

On the legislative model of criminal law of our country, should be based on the local, proper attention to international. Based on the local community is to consider legislation tradition and people of our identity. China has been a unified centralized state, have pursued the written law tradition, different national written law can better apply to the vast land, embodies the authority of the state. In addition, the public identity code form of criminal law, holds that the code type of criminal law to crime deterrence function, therefore, the penal code should be the main mode of legislation in our country. The appropriate balance between international is to learn from other countries legislation mode strengths. In foreign countries (regions) of the criminal code, basically for the large variability of legal crime is regulated in the non criminal law, crime and punishment and separate, independent subsidiary criminal law mode. Therefore, for those who violate criminal strong stability of state crime, personal rights, property crime and crime of malfeasance traditional to penal code model to regulation, those who change is greater economic crime with accessory criminal law mode independent type of regulation, that is to say, criminal law and accessory criminal law should be independent the legislative model of criminal law in China should be.[5]