The formation of

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  • / Author: Aaron Lewis
[the]: March 2nd morning 10 when, Criminal Law Research Association professor Zhao Bingzhi is going to the studio accepted an exclusive interview with the Dean, Beijing Normal University College of criminal law science and the school of law China law, from the formation of criminal legal system, structure, perfect suggestions, elaborates the connotation of the socialist legal system. Among them, the interview will focus on criminal law amendment to a larger space (eight), history professor Zhao Bingzhi will tell the amendment draft, modify. Please pay attention! [09:21]
Host.: good friends! I'm Lin Yan.
The "NPC and CPPCC" held soon, world vision attention China, this concern is not only Chinese China development of social economy, the new span more China democratic legal construction, this is our schedule to achieve the 15th National Congress proposed "in 2010 to form China socialism legal system" goals. As an important part of the socialist legal system China characteristic, our country criminal law system has been constructed and perfected, and in China's socialist modernization play a role of escort. Today we are very honored to invite the president of the Zhao Bingzhi professor of criminal law research Chinese law, issues related to the formation of the system of criminal law and perfect to study and discuss the. [10:11]
Host.: Professor Zhao, welcome to the rule of law net. [10:12]
[Bing Zhi Zhao]: very glad today to have the opportunity to our friends on this important topic exchanges. [10:13]
Host.: Professor Zhao, forming the first would like to invite you to interpret China characteristics from the angle of the socialist legal system. How to mark, or that we should be to understand China socialist legal system? [10:13]
[Bing Zhi Zhao]: I think the formation of the socialist legal system China characteristics is of course there should be some sign, I think we can grasp from the following three points to understand and:
First, China's current legal system can be said to be the level is complete, covers the whole. Our country has formed including the constitution, laws, administrative regulations and local regulations, legal system, and covers all aspects of social life. In addition to the constitution, the law has reached more than 230, more than 690 administrative regulations, local regulations is reached more than 8600 pieces.
Second, China's current legal system has distinct China socialist characteristics, can be said at this stage the socialist construction of our country under the rule of law and the rule of law need to experience the crystallization.
Third, China's current legal system has distinct features of the times, is in the context of globalization and our country to study and learn from the international law of the experiences and lessons of crystallization. [10:15]
Host.: as a part of the socialist legal system Chinese characteristic, the system of criminal law has experienced a long process. Please introduce the whole process, the system of criminal law has experienced major stages, which each stage has the characteristics of what? [10:16]
[Bing Zhi Zhao]: the state criminal law is an important aspect of our country basic legal department. The formation and perfection of modern criminal law system, has undergone three main stages:
The first stage is set up in 1949 to 1979 new Chinese first criminal law promulgated, can be said to be the initial stage of the criminal law system. In 1949, after the founding of new China, can be said that the new China construction of rule of law is as the regime construction and social development at the beginning of a new historical period, the new Chinese was first established, the main task is to stabilize the regime, economic development. The construction of the rule of law began to pay attention to, but has not been fully put on the agenda, but without stop political movement, especially the ten years of the "Cultural Revolution", so before the 1979 penal code promulgated, our country only a few single criminal law, such as "counter revolutionary" punishment regulations, "" Regulations on punishing corruption, and some in non criminal laws some criminal law. So we can say, at that time our country criminal law has not formed system. [10:19]
[Bing Zhi Zhao]: by the end of 1978, our party's eleven plenary session put forward the comprehensive construction of the socialist legal system, the criminal law can be said to be released the first batch of important legal, in July 1, 1979, the two session of the five National People's Congress adopted a new China first criminal law, can be said to be thirty years grinding sword. The criminal law only 192 articles, and the provisions of the text itself is relatively short, but also can be said to be an extensive criminal code. However, from the construction of legal system, we can say that the criminal code has an epoch-making significance, it is preliminarily constructed the basic system of criminal law in our country, some basic issues from the basic problem in the general criminal law to crime and criminal law to crime and criminal law through it and to all kinds of concrete crimes we have basic construction. We think, issued criminal code in 1979 is the initial formation of the new Chinese criminal system period. [10:27]
[Bing Zhi Zhao]: second, after the 1979 Criminal Code promulgated in 1997 criminal law by, less than 20 years. In the past 20 years, can be said to be the initial stage of development of contemporary Chinese criminal law system.

The criminal code in 1979 was under the control of political, historical, economic, preliminary constructed the basic system of criminal law is also a general content, but also relatively inattentive. Especially in the new situation, the new problem appeared after the reform and opening up is not to foresee, so in 1979 and 1997, along with our country's reform and opening up process, needs the social reality, the state legislature to adapt to this situation, through a large number of separate criminal law, when the statistics have roughly 25 separate criminal law revised penal code at the same time, the criminal code associated with the 107 non criminal laws. These rules in the criminal code promulgated after, can look from two respects:

One aspect is adapted to the needs of reality, on the other hand is also bound to care for this and lose that, some messy, so as to the law itself has caused great impact.

Our country's legislation on the basis of summarizing the judicial practice and relevant research, after nearly ten years of modifying the kingdoms, and finally in 1997 comprehensively by the current criminal law, is also the 97 penal code, the penal code of 97 compared to 79 years penal code, greatly the development of Chinese criminal law system. 97 years of criminal law from 79 years penal code article 192 increase to 452, although the system structure does not change very greatly, but the content is rich, have very great development in architecture science adjustment.

Especially the criminal code in 1997 into the basic principles of criminal law's content, the present criminal law further legality, crime and punishment, criminal law the principle of equality in criminal law, so that the modern criminal law we can be said to have. In addition to the criminal code in 1997 is also a major development in the criminal law, the criminal law section at the time of some originally classified as crimes of soldiers violating military duties, specification, and the new increase of endangering national defense interests are included in the penal code. The anti-corruption law was prepared separately formulate the contents of the absorption in the inside, but also greatly enriched the economic crime and the social management content. The criminal code in 1997 after the Chinese criminal law system, more unified, more complete. [10:32]
[Bing Zhi Zhao]: Third, after the promulgation of the criminal code in 1997, China's criminal law system into the further development of the perfect stage. This is mainly reflected in two aspects: one is the second stage become the main way of criminal law amendment specific criminal law gradually withdrew from the stage of history. Since the criminal code in 1997, more than a decade, China's only when just passed, issued a related crime on punishing the crime of a single criminal law of foreign exchange. Since then, from 2000 onwards, the National People's Congress never enacted this independent criminal code, separate criminal law. [10:33]
Host.: what is the main reason? [10:34]
[Bing Zhi Zhao]: This is second points and the associated. In addition to the amendment of criminal law as the main way to perfect criminal law amendment. Mainly compared two repair method, consistency and completeness of the criminal law amendment to the maintenance of criminal code, including the integrity of the system. Therefore, compared with the single criminal law amendment to the criminal law, it is not independent of the penal code, but included in the penal code, criminal code and does not disrupt the order of. This amendment to the criminal law has gradually become the main mode of amendments to the criminal law.
Up to now, after the three stages of development, can be said that the criminal law system of our country has been basically mature. [10:35]
Host.From the Chinese: criminal law enacted since, as you say, the amendments to the criminal law has become a major amendment to the criminal law, so far, China has adopted the eight amendment to the criminal law, do not know whether every criminal law amendment are you involved in? Can be said that every criminal law amendment may be accompanied by intense academic contend, please can you tell me so many changes, your impression quite profound academic debate and what are they? [10:42]
[Bing Zhi Zhao]Process: revised criminal code in 1997 of our country, I participated in the work, in 1997, by the legislature of the trust, and I and some other criminal law scholars in each different extent are involved in the criminal law study eight amendments to the criminal law. [10:43]
[Bing Zhi Zhao]Indeed, because: criminal law relates to the interests of the whole society, relating to our national interests and national interests, so the revision of criminal law is not only a scholar, but also in the society, there are a lot of great controversy. If for example you can lift many major issues is no problem. Here is my impression of the most profound, but also can be said to have the most important role in perfecting of our current criminal law has two possible problems:
The first question, whether to abolish the guilty analogy system, as well as to determine the principle of legality controversy. The criminal code in 1997 has just put on the schedule, 1988 79 years time to revise the penal code, the time on the legal principle of crime and punishment, whether to establish whether to abolish the analogy system has a very heated debate, had three points: one is abolished immediately said, this is mainly of Young Scholars point of view, I was also a this view. The second is the temporary retention of the rule of law in our country, that experience is not sufficient, the analogy as a supplementary system still need to be saved. The third is the individual scholars think the analogy system, since we know the legislation defects, the analogy system should always keep. [10:45]
[Bing Zhi Zhao]: but, after the rule of law awareness, especially to our present understanding of building a socialist country ruled by law, in one or two years ago by the penal code of 97 years, in 1996, 1997, the controversy gradually evolved into the two view, these two viewpoints are diametrically opposite. A view is a dominant, dominant point of view, is that in order to build a socialist rule of law in criminal law Chinese this vital concerns the field of human rights, should be immediately repealed guilty on the establishment of the system of the legal principle of crime and punishment.
Another view was that the analogy system has certain effect, to keep. Legislative hearing the central and local law enforcement authorities opinion, most is to support the principle of legality, so the final decision results is to determine the legality, abolished 79 years penal code article seventy-ninth post guilty analogy system. The debate brought the progress of the rule of law, is of epoch-making significance, not only in the criminal law significance even for our whole country rule of law significance should not be underestimated. [10:45]
[Bing Zhi Zhao]: just think, if the field of criminal law in the basic human rights are not subject to the rule of law, but also in accordance with the guilty to analogy, it can be said is that we haven't the basic rule of law construction. [10:46]
[Bing Zhi Zhao]: second controversial is the limitation and expansion of the death penalty debate. That is to say, in 79 years of penal code of our country stipulates the 28 death penalty charges, and 14 kinds of endangering national security properties, when the counter revolutionary crimes are ready just in case, that is to say the general criminal only a few dozen, can be said that the consideration is more cautious. Later, after the reform and opening up, along with some serious economic crime and seriously endanger public security crime increased, the legislature in modification, improve the criminal law at the same time, gradually increasing the death penalty. The 1997 Criminal Law revised in the course of the study, some experts, scholars have realized this problem, appeal, to limit and reduce death penalty. The legislature was facing the national security situation is not very good, some vicious crimes have occurred, some people still have certain expectations of a felony crime prevention. After the decision later in the death penalty limit and expansion to take a middle course, from now on should also be a wiser course, then in principle no longer increases the death penalty, but not significantly reduce death penalty, made some adjustments, can be said to reduce the magnitude of the very small, to basically have the death penalty wholly intact was moved to the criminal law of 1997. That the criminal code in 1997, the death penalty charges reached 68. This debate though none was effective in reducing the meaning of death, so that people can understand limited deepened the necessity and the function of the death penalty, deepening the understanding of the relationship between the death penalty and human rights is of great significance. [10:46]
[Bing Zhi Zhao]: I just thought of another problem is also very important, also is the counter revolutionary crimes do not change the dispute. This is a major problem in 97 years of criminal law dispute process, counter revolutionary crime is a criminal code provisions for 79 years. But later acknowledged that the crime itself is not science, is quite difficult in operation. After the seminar, all aspects are more ideas, change the counter revolutionary crimes as crimes of endangering national security, but because at that time the situation has some repeated. Finally the wise decision in our center, under the legislature to take hold, and the judiciary and academics, the last of our legislature decisively changed the counter revolutionary crimes as crimes of endangering national security, so that our criminal law more modernization, also be in line with international standards, this is a great progress. [10:54]
Host.: this reflects the change of our criminal law. [10:54]
[Bing Zhi Zhao]Yes. [10:54]
Host.: you just talked about three issues you a deep impression. The "criminal law amendment (eight)" there is still much controversy after, in the next stage of this problem to discuss, we all know you in this area also has a lot of, have a lot of words to say. We can say that the structure Chinese criminal system now, could you please brief summary of contemporary criminal law structure and the system has the characteristics of what? [10:54]
[Bing Zhi Zhao]Analysis: form, content and structure, Chinese criminal law system, it has distinctive characteristics as follows: first, the formation of relatively uniform in our current criminal law system, that is to say in the criminal law has been basically there is no comparison to other criminal law system. We just talked about, after 97 years of penal code, the NPC Standing Committee adopted three decisions, actually called single criminal law is to punish crime "foreign exchange" decision, the other the amendment of criminal law is based on the amendments to the criminal law, and a characteristic of amendment is passed, its contents are absorbed by the to, into the criminal code. It is well known that the form is relatively uniform, the penal code is the most basic, most important, can say in the criminal code outside basically no system into the criminal law. [10:55]
[Bing Zhi Zhao]: second, the content of relatively complete system of criminal law. The main embodiment of the basic system of criminal law in general our basic principle, crime and criminal law about criminal law, based on 79 years of penal code is full, although there are flaws, but the defects are not large. In the penal code of 97 years in the field of criminal law, the criminal code was independent of the outside of the military crime of breach of duty of inhaled in, included in the penal code. The crime of endangering the interests of national defense to supplement included in the penal code, the criminal code of the anti-corruption anti-corruption law prior to develop into the criminal code. At the same time, in the criminal code, content is very rich or is the two chapter of very complex, in fact is the focus of the criminal law, one is the economic crime, another is anti social crime. The two chapter of the criminal law provisions of almost 2/3, the two chapter to the maturity, in the chapter consists third chapter consists of eight sections, section, the sixth chapter consists of nine sections, this is equivalent to some small categories. This further enrich the structure system of penal law chapter, at the same time through this section of the set to make it more scientific, more complete. [10:55]
[Bing Zhi Zhao]Finally, the structure of the system of criminal law: the relative science, I put it summed up in several aspects: the first is the general provisions and the specific provisions to cooperate with each other. We know that China's criminal law basically belongs to the civil law category, we have in general and special, unlike the Anglo American law system is the sub standard. The basic system for our general related criminal law, there are some of the basic system of crime and criminal proceeding, and the specific provisions of various types, various specific crime and its legal operation, so general and anti is matched, forming the system of criminal law strict, complete. Two is the strict logic between general and chapters, the five chapter one general basically followed by general rules to crime to criminal punishment for general order, can be said that the logic is strict. In addition, between the general chapters, each chapter within in logic array also has strict order. For example, the second chapter of crime, this is a very important chapter, special logic order form generally from the general condition of crime to crime, and criminal law chapter sections according to principal penalty, additional penalty order, criminal law application from sentencing to the execution to the penalty to destroy, logic is strong. [10:55]
[Bing Zhi Zhao]: Third, between the specific chapters set follow scientific principles. That is to say, generally in accordance with the object of crime of infringing the different, is a violation of interests of different by heavy to light are arranged, so that the scientific structure of our criminal law reasonable, easy to understand, easy to apply. [10:57]
Host.: as you say, the criminal law development China achievements is be obvious to people, but there are some shortcomings in the system, we further enrich and adjustment. Do you think that the system of criminal law should be Chinese toward what direction to enrich and adjust? [10:57]
[Bing Zhi Zhao]From: if system development, improve the angle, it is two aspects, one is the content should be more complete, another is the structure should be more scientific.
Note that I just mentioned "relatively complete", basically is scientific, that is to say it has the further perfect place. Complete content is further enriched in large system chapter and section, there are no chapter and section level, there are some content is not covered. For example, a special group, the past is a minor, there are elderly people, if in the chapter and section do not reflect, only by the provisions, it is not possible to establish a perfect system. That is to say, to restrict the content. Again, the structure of science, is also in the sequence, in arrangement should be further attention is more reasonable, more can reflect our criminal law value orientation, but also to the direction of development and human rights, the rule of law at the present stage is consistent. [10:58]
Host.: as you said just now, the development of criminal law system China's goal should be complete, scientific structure, we all know the goals requires a certain way, you feel Chinese criminal law system further development needs what specific way? [10:59]
[Bing Zhi Zhao]: from the angle of legislation, but legislation is based on theoretical study based on judiciary,, but from the legislation itself is nothing but two ways, one is local, part of the modification and perfection of criminal law, another is the comprehensive system of criminal law. The modified penal code, part of the local speaking, I think that we should adhere to the legislative mode according to the criminal law amendment amending the penal code. After studying and summarizing practical experience of decades of criminal legislation, we now basically reached a consensus, that the criminal law amendment and the past single criminal law and accessory criminal law, it has obvious superiority, but in the procedure is flexible, because it can be said that the criminal law amendment and separate criminal law by the standing Committee by, very flexible, at the same time it has pertinence. You can say is the subsidiary criminal law and special law has, but it also has the advantage of accessory criminal law and special law can not be replaced, and this is the law itself relationship. That is to say, is independent of the penal code outside the single criminal law and accessory criminal law, not unified, unavoidably cause the rule of care for this and lose that, our criminal law amendment passed, the content to be included in the penal code, very good solution of which it is part of the establishment of its position in the criminal law. That is to say, it does not change the order of the original code, but also can enrich the criminal code, which is the world can be said is that changing the penal code is very simple, very good, the local approach. This approach has limitations, if our laws need to make major changes, need to do a comprehensive, system adjustment, this amendment is not appropriate, then we would need comprehensive, system to modify the criminal law. [10:59]
Host.: what specific circumstances system modification? [10:59]
[Bing Zhi Zhao]: we know we are promoting comprehensive legislation of criminal procedure law amendment, this year is a very important year. Our criminal law and criminal procedure law by comparing with the eight amendment, and a single criminal law, some frequent than the amendment of criminal procedural law. Some people say that seem not to be systematically revised penal code, solve some problems by tinkering. I think this is not enough, modify the criminal law two cases to be comprehensive system in a certain time, one is to make significant adjustments to the sections of the architecture, such as adding new chapters, add a new section, or increase the number of chapters, if there is no such increase will not solve the problem of legislation, the clearly not the criminal law amendment can be solved. [11:05]
[Bing Zhi Zhao]: second, from the contents of speaking involves many aspects, and the amendment to the criminal law amendment has not carrying any part of task, I think that the current criminal law amendment passed eight, and a single criminal law. After a period of time, we can conduct a comprehensive system of penal code of amendments to the current criminal code, so that we more scientific and complete, can be used for longer periods of time. [11:06]
Host.In the criminal law: you just said, when necessary to adopt a comprehensive system changes way, which makes me think of the criminal law amendment has just passed the "(eight)", but 50 clauses, the modified parameters are several times before the sum, some people say that back and forth law control is not very convenient, so go to war changes, why not put all the criminal law and the criminal law amendment compilation together, to do a change? Is it right? Time like you modified system is not yet mature? [11:06]
[Bing Zhi Zhao]: it should be said that the time is not ripe. Although this approach, by which an amendment to the criminal law can not solve the current needs. But things in order of priority, criminal law amendment to modify the criminal law systematically, the program is relatively simple, in order to solve the current urgent need, we take the criminal law amendment mode. Everyone noticed, we participate in the "criminal law amendment (eight)" in the process, the legislature also noticed, criminal law amendment has so many provisions do not adapt to adapt, we found the have to modify the general provisions and the specific provisions, modify more than the previous, but in contrast or local. This phenomenon is good general modified somewhat, but the general is not to modify the basic principles, important basic system, also did not modify its system, structure, began to add some necessary content. We are mainly for each modification, so I think that in the current circumstances, take the criminal law amendment mode is more suitable for. Of course, this presents a problem, our legislature should be aware of the amendments to the criminal law, can not go beyond this way can load task, not by local modifications instead of comprehensive, system changes. Because of the legislative level is not the same. We know that the amendment is the Standing Committee of the NPC, comprehensive and systematic revision is the people's Congress, on behalf of the different levels, its jurisdiction should be different, the social significance is not the same. [11:07]
Host.: Yes, what you said is reasonable. Future China criminal law system to comprehensively revise, it still remains to be time. In your opinion Chinese future system should be further improved, their improvement should focus on? [11:10]
[Bing Zhi Zhao]: this problem in my 97 years of the criminal code amendment and improvement did some research, and put forward some suggestions, I then continued research, many scholars have put forward very good comments and suggestions. I think if the system, structure level, that is to say we are not from the specific content, from the point of view of system structure in general, although has been relatively complete, but also can further perfect, there are some major problems can be realized through the perfect system structure. For example, a problem be the first to bear the brunt is about juvenile, elderly, pregnant women and people of mental disorder, so some special groups, the criminal to treat the issue of criminal treatment. 97 years of criminal law on juvenile delinquency has special regulations, provisions for pregnant women do not apply the death penalty, there are obstacles to the spirit of the people there are provisions of crime lenient punishment, the "criminal law amendment (eight)" the elderly crime and created a lenient punishment system and guarantee system, juvenile and further, I feel like these, we refer to some advanced legislation, especially considering that our country to build a harmonious society, protection of human rights, I think it is necessary to consider the past I propose to increase the minor chapter crime special treatment, I think it can be further enlarged, can increase a chapter "special criminal responsibility" special criminal groups, the minors as a festival, other related can also be placed in a block as a day, also can have the different section, with such a system, this one can have a greater capacity to build a complete system. [11:11]
[Bing Zhi Zhao]For instance,: proper behavior, there are two kinds of most important justified penal code in our country's current, one is the justifiable defense, another is the emergency. It was stated in the first chapter of crime, I think it is decriminalization, excluding the social harmfulness behavior, is the social right conduct. First it set to "crime" in this chapter is not reasonable, it is only second with the relevant provisions to regulation is not enough, because in addition to the justifiable defense and emergency hedge outside, still have a lot of proper behavior, like the execution behavior, the proper business behavior and so on, if we can refer to some other advanced the legislation, the special provisions for a chapter, a chapter called proper behavior, may be this part of the content will be more abundant. [11:11]
[Bing Zhi Zhao]For example, in chapter: on the level of my past, and some scholars have put forward a common advice, suggestions in our criminal law in the criminal punishment, increase security measures in the chapter of the criminal law, security measures are associated with the crime, criminal punishment, but it is not a criminal, more are the fight and the causes of crime, such as drug enforcement, forced abstinence, such as criminal penalties for some minors can not, ordered him to institutionalization of the government, and some of the punishment and so on. Especially the current reeducation through labor system, the reeducation through labor is of international concern, we also pay attention to the major issues of reform, it is actually more than the severity of punishment, no litigation mechanism in the procedure. Can be said to be the focus of reform. If we can increase security measures a chapter, these problems in this chapter, if considered carefully, careful study, I think it can be solved by basic, reasonable. [11:11]
[Bing Zhi Zhao]: in addition to these problems, there are some major problems can be considered in the general provisions of criminal law and criminal law within, say, the first chapter, can consider whether the criminal policy of temper justice with mercy as the legislative basis to write in, that we have the original legislative experience, in 79 years of penal code to write on a punishment with leniency the combination is our policy according to, but now the lenient and severe criminal policy meaning more than the combination of punishment with leniency, I think we should give it a position in the general first chapter, as well as using the penalty area and relatively independent of the content, also can consider to set up a chapter. The general part further perfect, there are some content can be further study. [11:13]
Host.What are the problems: criminal law? [11:16]
[Bing Zhi Zhao]: perfect criminal law or from the system, from the chapter, section level, I think that would add new kinds of crime, also is the new crime, combined with new type of crime, but also consider the logical order of chapters, carry out the system adjustment in technology, actually speaking to four points: one is the a new crime. [11:17]
Host.: what are the new crime? [11:17]
[Bing Zhi Zhao]: reference to foreign legislation, especially from the reality of our country needs, for example to add some new type of crime at the macro level, especially the international crime, crime of terrorist activities. The penal code of our country even the area of Macao where there is a special part of international crime. Our country has joined many treaties, conventions, a punishing international crimes of international obligations, but the penal code also does not specify such special, but scattered to other, sometimes seem neither fish nor fowl, adding a kind of crime is good. [11:17]
[Bing Zhi Zhao]: terrorism crime, we have the relevant provisions, but not perfect and not enough system. In addition, there are some crime to rise to the crimes of height to understand, such as the crime of computer network, the new type of crime should be considered. The merger related crimes, this is my personal opinion, I just mentioned, if the structure is more scientific point of view, for example, the present criminal law also can consider further improve. For example, the seventh chapter and the tenth chapter of crime of endangering the interests of national defense military crime of breach of duty, the two kinds of crimes in the similar object is the national military interests, whether it can be incorporated into the national and military interests for the harm of crime. Another example of crimes of embezzlement and bribery and malfeasance crime, it should be said that a similar object is basically the same. Bribery and corruption crimes, is actually a rapacious crime, if it is merged into one chapter, respectively under different day, need to highlight its anti-corruption, at the same time in the system is more complete, the our country penal code according to the similar object into rows of scientific evidence. [11:18]
[Bing Zhi Zhao]The third chapter: through the style of the penal code, we now have some general principles chapter, section specific provisions in chapter two, I have done some research, I think our festival generally can be set, if the day set in the relevant chapter other conditions, may be more advantageous to the scientific content classification, especially in criminal law. Especially the criminal law of the fourth chapter, infringement of citizens' personal rights, democratic rights, in fact, in addition to personal rights, democratic rights and many other rights, and labor rights, marriage and family rights, which in the section name point of view has not, if we put this chapter for the infringement of citizens' basic adjustment rights of crime, established under the different section, human rights, democratic rights, labor rights, rights in marriage and the family, through the section level more clearly reflects the tendency of the cover and the value of content. [11:18]
Host.: some will be more comprehensive. [11:18]
[Bing Zhi Zhao]: some chapters have Festival, some chapters not Festival, I think the logic is not very uniform.

The last is to adjust the logical order, adjust the logical from sections of the system of criminal law, mainly some sections have not reasonably reflect China's constitution and the request of the contemporary human rights. For example, violations of the fundamental rights of citizens crime are very after leaning, national security, public security, economic order, with the constitution of total chapter after chapter "the fundamental rights of citizens" is not suitable, consideration should be given to violations of the fundamental rights of citizens crime increasing its position. [11:19]
Host.: should pay more attention to protection of civil rights, on? [11:19]
[Bing Zhi Zhao]Yes. Another example of China's military benefits, if the merger into just spoken of endangering the interests of national defense and punish breach of military duty after adjustment, should adjust its sequence, it should and national security, military security, public safety in a block, these aspects can also do some research, so that our system more reasonable. [11:20]
Host.: Yes, what you said is reasonable. Thanks to Professor Zhao, through explaining you above, let us China criminal law context, development, characteristics and the future direction of the sound has a more profound understanding of. Like you said, Chinese criminal law system in general is a relatively reasonable, perfect, but there are still some problems, but we believe in you and you pay attention to the construction of criminal law under the joint efforts of the people China, system Chinese criminal law can be perfected!
Be not easily won the formation of Chinese characteristics of a socialist legal system, improve the socialist legal system with Chinese Chinese go15. The first part is the end of the interview. Thanks again for Guest Professor Zhao, also thank you for the concern of friends.
We will show the wonderful content of the second part later! [11:21]