The criminal law of Hongkong and the mainland criminal classification on the difference between the

Classification of a specific crime in criminal law and criminal law Chinese inland from Hongkong, the two have obviously different characteristics:
1  Hongkong criminal law in the specific crime classification, is a theory as to the classification of law, is not consistent with the specific provisions of criminal law, thus does not have the statutory. Hongkong's criminal regulations, such as "Crimes Ordinance", "Regulations" assault, "theft Ordinance", although is a specific crime, but it is not involved in the crime classification problem. For example, "sixth Crimes Ordinance" for "Incest", but the incest in theory does not constitute a crime alone. A theory of "crimes against property", it includes "theft Ordinance" of all crimes, including "property damage partially Crimes Ordinance" in the crime. Therefore, the classification of crime in criminal law theory, Hongkong and Hongkong on the criminal legislation of crime is not consistent, is one of the major features.
And Chinese mainland criminal law the crime classification, classification of legislation. The criminal law theory and criminal legislation on the classification of specific crime is consistent. The classification of specific criminal legislation is clear, standardized, study the theory of criminal law in criminal legislation, according to relative, so the two both have the consistency, and the method of qualitative. This is both the criminal law legislation mode formed different results.
2  two to the specific crime classification according to different. The mainland criminal law theory Chinese agreed, classification on the specific crime in the special provisions of criminal law, is similar to the object of crime is the basis of the. The criminal law is similar to the object of crime the crime can be divided into 8 categories, with military offences is 9. Classification of specific crime in new criminal law can still be considered as crime of the same object as the basis. Hongkong criminal act itself has a single, namely the penal code is a huge system formed by a criminal regulations. The provisions of the criminal regulations content with dispersion. That is a violation of the same object of crime, such as property crime, the provisions on more than one criminal act. Hongkong criminal law theory about the specific crime classification basis is uncertain, the classification of crime theory no one is exactly the same as evidenced by.
Of course, from the deep theoretical research of criminal legislation and criminal law theory, classification standards about the specific crime or basis, is not immutable and frozen. Even in the Chinese mainland criminal law. For example, the disintegration of a crime of obstruction of marriage and family, and independent of the crime of corruption and bribery, is one example. American a famous criminal scientist once said: "the original copyright criminal law experts in very different ways to organize crime", "have significantly different object against the crime in broader title is a systematic." Therefore, "take a classification mode instead of another kind of classification is not inevitable. While the two unique among crime is similar to ensure its content conforms to the common title enough, depends on the design of the classification of the service objective". See [the] Douglas N. Husak: "philosophy of criminal law", Chinese People's Public Security University press, 1994 edition, page twenty-third. The author thinks, the views of a certain truth.
3  Hongkong criminal law theory study on the specific classification of crimes is inconclusive, still is in exploration. For example, in Hongkong in the theory of criminal law, "Hongkong daily law" in contrast, a greater impact, but the specific classification of crimes, in its first edition, the crime can be divided into 7 categories, there is no "obstructing public business or Justice Crime" in this class, and in its second edition, increase the crime, so as to become the 8 kinds of crime. Moreover, in the first edition of the book, the rape, indecent assault, within as "assault count", while in the second edition of, is adjusted, be classified as "damaged weathering count" is a kind of crime. Also, the book in the first edition, the "Regulations" in the provisions of the crime of theft "improper lost advertising crimes" into "harm public security crime" category, and the second edition is classified as "prejudice official or judicial justice crime", and so on. This indicates that the Hongkong law about how to scientifically on the specific classification of crimes, is still being explored.
By comparison, China mainland criminal law theory for the classification of crimes in the specific provisions of criminal law has become mature, not only has a certain depth, but also a certain extent. Due to the clear provisions on the criminal legislation. The theory of criminal law has also recognized, accepted and agreed.
Even so, we can not think of, specific crime China mainland criminal law on no room for, or the Hongkong criminal theory point of view as long as there is truth. On the contrary, theoretical study of criminal law of Hongkong is in its infancy, to mature and perfect, also need the tireless efforts of the law society of Hongkong. The theory China criminal law of China also needs the scientific study of the specific crime in the new criminal law and perfection of system.