One, foreword
     Reform and opening up is the key choice to decide the fate of the Chinese. In the 30 years since the reform and opening up, with the changes of the times and social progress, and gradually establish the strategy of building a socialist country ruled by law, the criminal law legislative activities of new Chinese gradually to a stable and mature, the criminal law safeguard human rights concepts continuously developed, criminal law is becoming more and more rich flavor, the construction of criminal law modernization development. If the development of things spiral is a progressive and tortuosity of coexisting process, so, the development of the construction of criminal law in 30 years of reform and opening up new China also is not a linear process of development. Therefore, on the occasion of 30 years of reform and opening up, review the past 30 years of China's criminal legislation development, sort out and demonstrate the achievement of the construction of the new criminal law legislation China 30 years, summarize the lessons learned, and explore the future development prospects, for understanding, consolidating and promoting our criminal rule of law, is important significance.

     Two, thirty years of reform and opening up the process of legislation of Chinese Criminal Law

     (a) the birth of the criminal code of 1979
     The new China first criminal law after 30 years of tortuous course of striking one snag after another, and finally in 1979 July announced the birth of.
     As early as in 1950, the Central People's Government in the legal system before the Committee under the auspices of the penal code, began drafting preparations. Has written "the people's Republic of China draft outline of the criminal law" (July 25, 1950) and "the people's Republic of China draft outline of the criminal law (Draft)" (September 30, 1954). But the two manuscript has not been put on the legislative process, not open to the public for comments.In 1954 October, at a meeting of the first session of the National People's Congress by China's first constitution and five organization lawPromote the rule of law under the good start, led by the office of the NPC Standing Committee law office, officially started the drafting of the penal code, and smoothly. To June 28, 1957, has drafted a criminal code twenty-second drafts.This manuscript after the CPC Central Committee Law Committee, the Secretariat of the Central Committee to examine and modify, and after the NPC Law Committee, and solicit opinions to all the representatives at the four meeting of the first session of the National People's congress. The meeting also made a decision: authorization of the NPC Standing Committee according to the National People's Congress and other views, will be the twenty-second draft amendments, as the criminal law draft published trial. However, due to the second half of the year "the same year after the anti rightist movement", "left" ideological trend rise sharply, the legal nihilism cause a temporary clamour. Affected by this, the twenty-second draft of the draft criminal code does not publish trial, criminal legislation is therefore fully paused for three or four years.
     In March 22, 1962, Comrade Mao Zedong on legislative work pointed out: "the criminal law to civil law not only, also need now is to defy laws human and divine. No law, criminal law, civil law must make. Not only should make laws, but also make the case."By the spirit of the speech to inspire and influence, in May the same year, the NPC Standing Committee law chambers in collaboration with relevant departments, re launched the comprehensive revision of the penal code twenty-second drafts of the work, and in a year of much time, soon to be out of the October 9, 1963 thirty-third draft draft.Later, due to the impact of the 1964 start of the "four clean ups" movement and come one after another from 1966 to 1976 10 years of the "Cultural Revolution" of the great unrest, criminal legislation is interrupted, the penal code thirty-third draft was put it away unheeded.
     As a warning for the future, in 1976 October after the smashing of the "Gang of four", our party and country to the lessons of history of deep reflection and gradually thorough bring order out of chaos, the whole society to talk about democracy, on Legal atmosphere is full-bodied. In this context, from the beginning of 1978 in late October, composed of specialized led by Comrade Tao Xijin's criminal law amendment draft team, based on amendments to the criminal law thirty-third draft, has prepared draft criminal code revised and revised two draft two manuscript.Especially in 1978 November the establishment of the Third Plenary Session of the eleven about the thought of democracy and legality, the criminal code of the drafting work has played a very important role in guiding and strong. In late February 1979, the NPC Standing Committee was established. In the director Comrade Peng Zhen advocate to, from the beginning of 1979 to mid March, the criminal law legislative work carried out. The draft is based on the thirty-third draft, in light of the new situation, new experiences and new problems, to seek the views of the relevant departments, made bigger modification. Has developed 3 versions.In May 29th second manuscript is obtained by the Political Bureau of the Central Committee thirty-seventh draft principles, then at the plenary meeting of the Legal Affairs Committee and the fifth session of the eighth meeting of the NPC Standing Committee on the deliberation, and the deliberation of some modifications and supplements, eventually forming the penal code thirty-eighth drafts, and in the fifth session of the National People's Congress second conference in at four five on the afternoon of July 1st unanimously. July 6th officially announced, and regulations shall be implemented as of January 1, 1980. So far, Chinese criminal code in 1979 announced the birth of. This is the people's Republic of China established the first in nearly 30 years with the penal code.

     (two) local amendments to the criminal code in 1979 supplement
     Overall, the criminal code in 1979 is indeed a protecting the people, punishing crimes, maintaining social order, protecting the powerful weapon of reforming and opening and modernization. But due to historical conditions, legislative experience and limitation of legislative guiding ideology, the criminal code in both content architecture, specification, or in the legislative techniques, there exist some problems and defects, since the reform and opening has been gradually launched after the social development and crime changes are a series of problems, to the legislation of criminal law this problem, from 1981 to 1997 criminal code through the front, the NPC Standing Committee has passed the 25 separate criminal law. In the state legislature in 107 non criminal law sets the accessory criminal law considerable. Accessory criminal law these separate criminal and non criminal law in the criminal code in 1979, supplemented and modified a series. Specifically, is the main:
     First of all, in the general principles of criminal law, is the principle of universal jurisdiction; individual single criminal law documents adopted different from the doctrine of the principles and provisions of the penal code in 1979; increase of certain provisions of the unit crime; the common criminal conviction and punishment principle as a supplementary provisions: status crime and non status crime committed a crime together, according to the nature of the crime of status crime conviction. In economy, the property of common crime in the crime, be responsible for the total amount of the, is not only the ringleaders of criminal groups, there are other serious principal; in the number of crime, some single criminal law clearly stipulates some cases to punishment in accordance with the provisions of graft, thereby eliminating according to a crime treatment may; in addition to the provisions of the criminal code of 1979 9 kinds of punishment, also added stripping of medals, medals, honorary title and rank as a new kind of penalty; released partial right to approve death penalty; in the sentencing system, not only increase the regulations from the heavy punishment, light punishment, punishment reduced and exempted from punishment, on individual circumstances increase the aggravated punishment regulations, at the same time, adding the wartime probation system.
     Secondly, on the specific provisions of criminal law. In the specific provisions of criminal offenses, criminal code in 1979 only 130 charges, after adding the single criminal law and accessory criminal law, to the criminal code in 1997 before passing, has increased to 263 charges; crime, for some crime concept, characteristic of the supplementary provisions, the crime constitution is more explicit, concrete; in the legal punishment, adjust a lot of statutory punishment of crime. Among them, some crime death penalty; some crimes stipulated quota fine or times ratio fine. In addition, some single criminal law and accessory criminal law, through "legislation comparison", stipulated in the penal code of 1979, certain provisions of the crime constitution as amended.

     (three) of the criminal code enacted in 1997
     China's legislature brewing for the law itself revision work started in 1982 to 1987 years. During this period, the criminal code in 1979 and subsequently issued several separate criminal law through the practice of a few years, from the judicial practice of feedback back many problems belong to the criminal legislation; criminal law circles of our country after several years of efforts, in the basic completion of the criminal law system construction, also begin to pay attention to the new situation and new problems in the practice of criminal legal system of our country; especially with the further development of the gradual deepening of reform and the reform of economic system, many new phenomena appear in the crime punishment and prevention, which quite some problems difficult to solve by using the existing criminal legislation or difficult to properly resolve, thus providing the basis and certain conditions for amendment of criminal law and its research.In this background, national legislation authorities began to pay attention to the perfect of criminal law opinions were collected and compiled, and some research work published in the newsletter. The Justice Department also according to the judicial practice, the criminal law applicable to appear problem in the process of the summary in a timely manner. For example, in 1987, the Supreme People's Procuratorate and the Supreme People's court in the country within the scope of the system of criminal law amendment and supplement of the solicitation of opinions.Criminal law scholars begin to pay close attention to the criminal law revision work, for example Chinese Law Institute in 1986 and 1987 criminal law research symposium, changes to the criminal law are given much attention.The legislation organs, judicial departments and the criminal law scholars of these work, provide important basis and data for later the Seventh NPC Standing Committee amended decision.
     In 1988 March, a meeting of the seventh session of the National People's Congress is held, the amendment of criminal law problems began brewing in the national legislature. The legislation organs begin active investigation and the data preparation, based on discussion on amendment to the criminal law in some parts of an expert procuratorial and legal circles on June 22, 1988, sorted out the "political authority and political institutions, legal research some research units for the revision of criminal law.".In 1988 July, the criminal law of our country comprehensive revision work was officially included in the national legislative schedule. In accordance with the requirements of "seven points" and the work of the NPC Standing Committee deployment, the NPC Standing Committee law committee room according to the criminal law of science of criminal law and judicial departments to improve the criminal law of the proposal, sorting out the "preliminary ideas on Amending criminal law (Draft)", and in the year September to invite relevant experts and scholars devoted on the problem of amendments to the criminal law, then to the first draft of the revised criminal law draft.Since then, and several invited experts and scholars to conduct workshops, specific modification work of young expert organization digital in criminal law, has worked out the two criminal law amendment draft manuscript.
     After 1989, because of the influence of "six • four" storm of the criminal law, legislative work stopped for nearly two years.In 1991 January, the Party Central Committee in accordance with the requirements and instructions, the NPC Legislative Affairs Commission began to focus on the prepared to modify the counter revolutionary crimes. On the basis of extensive investigation, the legislation authorities drafted draft decision on Revising the crimes of counterrevolution, ready for the March meeting of the seven session of National People's Congress four session. But due to some problems in practice time is mainly on the existence of different opinions, decided not to submit the meeting. Later, the collapse of the Soviet Union and Eastern Europe the international situation changed dramatically, the criminal law revision work are temporarily stopped.
     The party's Congress held in 1992, criminal law revision work began to enter the full swing stage from 1993. Therefore, the NPC Standing Committee to set up a special team. The drafting in 1993 December the Standing Committee of the NPC Law Committee commissioned by the Renmin University of China School of law and criminal law. Criminal law criminal law general responsible. In accepting the entrusted tasks, Renmin University of China School of law, criminal law established the general principle of criminal law chaired by Professor Gao Mingxuan and attended by several experts to modify group, to 1994 September the group wrote 1 "criminal law of the people's Republic (general) outline" and 4 "general rules of the criminal law of the people's Republic of China (Draft)" manuscript.At the same time, actively research and systematic study of the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security and other central political authority respectively on the amendment of criminal law, and puts forward some opinions on revision. Law Committee of the NPC Standing Committee on the basis of these, through research, in August 8, 1995 to "the general provisions of criminal law draft"And as the penal code revision of "criminal law" together.
     In 1996 April, the NPC Law Committee, to speed up the pace of the revision of the criminal law study. In June the same year, solicit in the past based central government organs and the relevant expert advice, the NPC Standing Committee Law Committee proposed a revised draft draft. After repeated discussions of choice, to amend the "PRC Criminal Law Amendment Bill (Draft)", and in the same year 10 month nationwide issued to law and other relevant authorities and some legal institutions for advice. In November the same year, the NPC Standing Committee Law Committee is mainly responsible for the criminal law amendment draft in carrying held in Sichuan Leshan in the Chinese law criminal law research academic annual meeting, listen to the nationwide criminal law experts. The same year in November 11th to 22, the NPC Standing Committee Law Committee was held in Beijing attended by central political and legal departments and other relevant departments, 15 provinces, autonomous regions, municipalities directly under the central government, National People's Congress and the local public security departments and legal experts and scholars of the criminal law revision work nearly 150 large base.Thanks to the joint efforts of national legislation, judicial authority departments and experts and scholars, and finally to a more mature criminal law amendment draft, and considered in the same year in December and 1997 February two submitted to the National People's Congress Standing committee. Based on the consideration of proposed amendments, the NPC Standing Committee Law Committee on the draft of the revised criminal law made careful revision, and held a number of meetings to listen to the opinions of all sides, thus forming a draft amendment to the criminal law more mature.
     In 1997 March, the eighth session of the National People's Congress of the fifth meeting of the criminal law review. According to the amendments made by delegates, the conference to make the necessary amendments to the criminal law draft. In March 14th the same year, the eighth session of the National People's Congress passed by the fifth session of the "PRC Criminal Law", and on the same day the President shall be promulgated by order No. eighty-third, at the same time the new criminal code in October 1, 1997. Thus, during the 15 years of the criminal law amendment brewing research and work to a successful conclusion.

     (four) the development of legislation after the 1997 penal code
     1 of the criminal code of 1997 supplement local modifications
     Since the 1997 Criminal Code promulgated by the Standing Committee of the NPC for more than ten years, single criminal law and criminal law amendment of criminal law made eight important legislative amendments and supplements: Ninth December 29, 1998 sixth meeting of the NPC Standing Committee adopted the "about punishing and sale of foreign exchange, evasion and illegal trading in foreign exchange crime decision"; in December 25, 1999 ninth thirteenth meeting of the NPC Standing Committee adopted the "PRC Criminal Law amendment"; in December 28, 2000 ninth session of the nineteenth meeting of the NPC Standing Committee adopted the "decision on safeguarding Internet Security"; in August 31, 2001 ninth session of the twenty-third meeting of the NPC Standing Committee adopted the "PRC Criminal Law Amendment (two)"; December 29, 2001 the ninth session of the twenty-fifth meeting of the NPC Standing Committee adopted the "PRC Criminal Law Amendment (three)"; December 28, 2002 ninth session of the thirty-first meeting of the NPC Standing Committee adopted the "PRC Criminal Law Amendment (four)"; February 28, 2005 tenth session of the fourteenth meeting of the NPC Standing Committee passed "PRC Criminal Law Amendment (five)"; June 29, 2006 tenth session of the twenty-second meeting of the NPC Standing Committee adopted the "PRC Criminal Law Amendment (six)". In a word, these amendments and supplements are mainly concentrated in the following four aspects:
     (1) adding the new terms. The charges have the following 20: the financing of terrorist activity crime (one of 120th), compel illegal adventure homework sin (second 134th), major accidents of large-scale mass activities of the crime (one of 135th), does not report, false security accident crime (one of 139th), occult, intentionally destroying accounting vouchers, accounting books, financial and accounting reports of crime (one of 162nd), the crime of false bankruptcy (162nd of two), damage the interests of breach of listing Corporation (one of 169th), cheating loan, bills acceptance, financial coupons crime (one of 175th), the hindrance credit card management crime (177th of first), steal, buying, illegally providing credit card information crime (177th of second), breach of entrusted property (185th of first), using funds illegally (185th of second), purchase foreign exchange crime, child labor in critical labor sin (one of 244th), organizations of persons with disabilities, children begging crime (one of 262nd), crime of spreading false dangerous substances and fabrication, deliberate dissemination of false terrorist information (one of 291st), the crime of opening casinos (second, 303rd), The fault damaged weapons and equipment, military facilities, military communications sin (second 369th), execution of a judgment, ruling the dereliction of duty crime and enforcement of the judgment, ruling the crime of breach of privilege (third, 399th), law bending arbitration (one of 399th).
     (2) counts and charges were treated with the modified terms. The charges have the following 23: State-Owned Company, enterprises, institutions and personnel dereliction of duty crime of institutions, enterprises, the crime of breach of privilege of State-Owned Company (168th), illegal logging, the destruction of the national key protected plants and the crime of illegal acquisition, transportation, processing, sale of national key protected plants, national key protected plant products of sin (344th a), crime of throwing dangerous substance (article first paragraph 114th and 115th), negligent crime of throwing dangerous substance (second, 115th), illegal manufacturing, sale, transportation, storage of dangerous matter crime (section second, 125th) theft, snatch firearms, ammunition, explosives, hazardous substances sin (127 first paragraph), rob a gun, ammunition, explosives, hazardous substances (article second paragraph 127th) the crime, the crime of smuggling of waste (second, 152nd), forged, altered, transferred financial institutions operating license, approval documents of sin (section second, 174th) to fabricate and disseminate false information of futures trading, securities crimes (article the first paragraph 181st), luring investors to buy and sell securities, futures crime (second 181st), manipulation of the securities and futures market, (182nd), the crime of illegal occupation of agricultural Sin (342nd), the illegal acquisition, transportation, trees felled sin (third 345th), illegal disclosure, disclosure of important information is not crime (161st), non national staff bribery (163rd), the non national staff bribery (164th), crime of illegal loans (186th), absorption of customer funds not recorded crime (187th), regulations issued by financial coupons crime (188th), conceal, conceal the proceeds of crime, the proceeds of crime (312nd).
     (3) modify only counts but charges unchanged clause. The charges are mainly in the following 4: credit card fraud (196th), a major liability accident crime (first 134th), major labor safety accident crime, the crime of money laundering (135th) (191st).
     (4) to adjust some of the legal punishment of crime. There are 6 main relates to charges: State-Owned Company, enterprises, institutions and personnel dereliction of duty crime of institutions, enterprises, the crime of breach of privilege of State-Owned Company (168th), organization, leadership, participating in terrorist organization (the first paragraph 120th), production, sales do not meet the standard of the crime of medical equipment (145th), manipulation securities, futures markets. (182nd), conceal, conceal the proceeds of crime, the proceeds of crime (312nd).
     The 2 legislative interpretation of criminal law interpretation of the meaning of
     Since the 1997 Criminal Code promulgated, according to the criminal law in the process of application of criminal law norms understand different problems, the NPC Standing Committee since 2000 April has passed the 9 legislative interpretation of criminal law documents, namely: the April 29, 2000 "on the" PRC Criminal Law "ninety-third paragraph second explanation", August 31, 2001 "on the" the people's Republic of China Criminal Law > 228Th, 342nd, 410th, April 28, 2002 "interpretation" on the "PRC Criminal Law > 294th section first," April 28, 2002 "about the interpretation of people's Republic of China Criminal Law > 384th section first," August 29, 2002 "about the interpretation of people's Republic of China Criminal Law > the 313rd explanation," December 28, 2002 "on the" PRC Criminal Law "the ninth chapter subject of crime of malfeasance is explained," December 29, 2004 "on the" PRC Criminal Law "provisions regarding the credit card", "explained in December 29, 2005 on the" PRC Criminal Law > the export tax rebate, tax deduction of the other invoice and interpretation of the provisions of "December 29, 2005" on the "PRC Criminal Law > Guan Wen The provisions applicable to have scientific value of ancient vertebrate fossils of ancient human fossils, the interpretation of ". The criminal legislation of our country has formed the criminal code in 1997 and the amendment to the criminal law as the main body, in order to explain the legislation pattern of single criminal law and criminal legislation as the supplement.
     The legislative interpretation of criminal law documents include: (1) organizations at the grassroots level which condition is provided for in the second paragraph of the penal code ninety-third "engaged in official business in accordance with the laws of the people"; (2) the land criminal law "in violation of the regulations on land management" and "illegal approval of defined expropriation, occupation land" meaning; (3) defining the underworld property organization; (4) the embezzlement of public funds for personal use of understanding; (5) refusing to implement the decision, ruled that crimes related to language and an accomplice and implicated offense cases clear; (6) the scope of subject of Du post clear; (7) credit card definition; (8) other invoice range of export tax rebates, tax deduction of clear; (9) has the scientific value of ancient vertebrate fossils, ancient human fossils belong to cultural interpretation, etc..

     Three, thirty years of reform and opening up in China's criminal law legislative achievements
     The reform of criminal law is the objective social conditions of material life of the calls and demands, but also to build a socialist country ruled by law. After 30 years of reform and opening up, the reform of the criminal legal system of our country has obtained the magnificent achievement be obvious to people. For the key ones, these achievements can be summarized into five aspects as follows:

     (a) promulgated since the founding of new China first criminal law
     The criminal law of 1979 since the new China was established as the first criminal law, its promulgation, is a celebration event in the political life of our country a. It ended the new China was established nearly 30 years has not enacted criminal law history, it with the promulgation of the 1979 Criminal procedure code together, marking the basic criminal law in our country, thus becoming a very important step forward in strengthening the socialist legal system of our country's. A speech of the month in the penal code, Comrade Deng Xiaoping once filled with joy, be filled with a thousand regrets ground say: "since the founding of twenty-nine years, we have not even a criminal past all, repeatedly made many times, more than 30 drafts, nothing ever came of. Now criminal law and criminal procedure law are adopted and promulgated, began. All the people saw the strict implementation of the socialist legal system of hope. This is not a small matter!"
     So words. Moreover, since the development of China's criminal law legislation in the process, can be said that, the criminal code has basically established a framework of the evolution of legislation of the criminal law in our country, and lays the foundation for the further development of China's criminal law.
From the general rules of the criminal law, the penal law of 1997, general is divided into five chapters, except the first chapter name changed slightly, the second section of the fourth chapter and the fourth chapter of third unit crime crime is added, the remaining chapters of the penal code in 1979. There is not much difference. From the microscopic point of view, China's current criminal law has many rules directly from the criminal code in 1979. For example, the concept of the concept of crime, crime, negligent crime, preparatory crime and criminal responsibility, attempted crime and criminal responsibility, common crime and classification, common criminal penalty system, the combined punishment for several crimes. China's current criminal code and some provisions although not directly from the penal code in 1979, but it is based on the legislation on the changes made.
     From the penal code, the criminal law of 1979 similar object classification by adopted by the present criminal law, but also control the two penal code of the specific system, it is not difficult to find, the criminal law of PRC system basically is based on the 1979 Criminal Law mainly constructed by further refinement of certain types of crime of the same object methods. Observed from the internal legislation, many crime in 1997 criminal law are directly derived from the 1979 penal code. For example, about the crime of endangering public security chapter, violations of human rights and democratic rights of crime, crime of property crime violates many chapters in chapter. There are also some crime is modified to the criminal code of 1979, as the crime of endangering national security chapter of some crime and so on.
     Visible, whether it is from the code of the system of criminal law, or from the microscopic investigation, the criminal code in 1979 is the legislative basis of China's current criminal code. Can say, the 1979 Criminal Law undoubtedly is a fundamental sense of milepost of criminal law modernization in the new China.

     (two) the protection of human rights concept gradually established
     Decided by the protection of the interests of universality, importance and illegal sanctions special harsh characteristic, in the criminal law, implement and publicizing the idea of human rights has special significance. Moreover, from the legislative practice of rule of law in contemporary developed countries, attaches great importance to human rights guarantee function of criminal law to play. It can be said, the protection of human rights is one of the distinctive themes of contemporary criminal law.
Tracing the history of new Chinese criminal legislation evolution, it is not difficult to find, this is actually a human rights concept is respected, and in our legislative practice gradually be embodied in the process. Needless to say, although the 1979 Criminal law laid the foundation of criminal law in our country, which plays an important role in the process of modernization of law, but in the protection of rights of citizens, some of the provisions of the criminal law also show a certain degree of limitation and delay, some specifications such as the analogy system, has the condition from the new time validity principle, guiding ideology and the basic requirements of the protection of human rights is far from. In order to change this situation, the state legislature is based on the requirements of the protection of human rights of the times, after 10 years of continuous efforts and repeated research, the legislation of criminal law has made a series of significant reform and perfection. Mainly embodied in the following aspects:
     1 the present criminal law abolished long criticized the guilty analogy system, reiterated the old and mitigating the effect of time decomposition principle, the "pocket crime", strengthen the criminal law norm is clear and maneuverability, the protection of human rights for the principle of legality value foundation. The system design and implementation, to play for the criminal law prediction and evaluation function, and then promote the protection of fundamental rights of citizens, has a special significance.
     2 of the current criminal code establishes criminal law the principle of equality and the principle of suiting punishment to crime, improve the provisions of minors' criminal responsibility scope, in specific provisions in accordance with the requirements of the protection of human rights law rule set against and prohibition of torture crime terms, is conducive to the protection of criminal suspects, defendants and criminal legal rights and interests.
     The protection of the rights of the victims of the 3 is a very important aspect of the protection of human rights, China's current criminal law has many provisions reflect the basic requirements of the criminal law, for example, the justifiable defense system; in order to prevent the judicial corrupt, set the limitation of prosecution system; in the penal code, by setting a specific crime, to protect minors and the legitimate rights and interests of women; in the criminal law, by authorizing the alternative or supplementary provisions of the terms and provisions of the crime, the special national minority citizen reasonable case.
     In short, with 30 years of reform and opening up the development of the society, we have gradually reversing the criminal legislation of social protection and security of human rights, the protection of human rights in the spirit of our criminal legislation and criminal judicial field gradually get attention and will continue to carry forward, progress fully reveals the mechanism of human rights in China more and more complete and social civilization.

     (three) coordination of the penalty system reform gradually and the trend of internationalization
     Throughout thousands of years of the world penalty evolution history, obvious feature can be found in the penalty evolution is tend to mitigation and humanism. In the legislation of death penalty application performance is: more and more strictly limited, more and more countries and regions are no longer applicable death penalty or abolishing the death penalty; pay attention to apply fine and the qualification penalty punishment, to improve the pertinence and adaptability; affected by the new penalty function concept emerge as the times require, based on personal danger the theory of probation, parole system, and gradually been widely applied. The legislation of criminal law reform phenomenon since the five century, since the sixty's, increasingly showing the trend of internationalization.
     Our country's penalty system reform conforms to the international trend of the development of punishment to a certain extent and trend:
     First, the relevant provisions of punishment in our country. (1) on the control of the abolition of criminal problems, in the course of the amendment to the criminal code, there is a heated debate,China's legislature after the study, firmly keep the control punishment, improve and strictly the implementation of the system, and in the sub significantly expanded its scope of application, which conforms to the penalty to the open, humane development trend. (2) applicable to strictly limit the death penalty. Although the scope of local modification after China's criminal code in 1979 added significant expansion of the death penalty, but the amendment to the criminal code, the legislature in China at the present stage, the social security situation is still grave, from top to bottom on the concept of the death penalty is more common and is not greatly reduced the death penalty case, or the active efforts to strictly limit and reduce death penalty be obvious to people. Especially, since January 1, 2007, the death penalty cases in the past 30 years has been delegated to the higher people's court to exercise the right of approval by the Supreme People's court to exercise unified, will highlight China's strict limits, reduce the determination and confidence of the death penalty. (3) to expand the scope of application of fine penalty. China's 1979 Criminal Code provisions may apply penalty crime had a total of 20, total lack of specific provisions of criminal law provisions of 1/5, and the vast majority are greedy for money and property crime. A series of separate criminal law followed by the although the scope of penalty has expanded, but only 54 provisions have fine punishment. However, in the current criminal law, the state legislature to expand the scope that the fine process of the law has made a positive response, provided with the penalty provisions of up to 148, accounting for total number of criminal law provisions of the 1/2, more than 7 times the 1979 Criminal Code of.
     Secondly, on penalty of discretion and execution system. China's current criminal code based on the criminal code of 1979 supplement in order to improve the individualization of punishment as the value goal, the personal danger theory as the theoretical foundation of meritorious service, surrender, commutation and parole system, coordination of international trend and also in today's world, the rule of law in developed countries pay more attention to the special prevention of penalty function.

     (four) the amendments to the criminal law has become the main practice mode
     Whether we should take what kind of way to perfect criminal legislation? In this regard, we experienced a continuous research, exploration of the process. After the 1979 Criminal Code enacted legislation, in order to reflect the adaptability requirements, China's legislature to form independent of the penal code and the content is also special provisions of crime, criminal responsibility and criminal responsibility with single criminal law provisions that accessory criminal law two modes in a large number of administrative law and economic law and other non criminal laws. The legislation of criminal law, to revise and supplement. The repair method, mode of separate criminal law has been extended to the criminal law promulgated in 1997. Until the legislature of our country by the first amendment to the criminal law, before the end of our criminal law as the main mode of single law unified legislation of criminal law in our country for a long time, but mainly the practice mode of criminal law amendment.
     In fact, the criminal law amendment mode choice, consider trade-offs results on the advantages and disadvantages of. Although the mode of separate criminal law is simple and convenient, the advantages of strong, but easily to the criminal code of unity, completeness, stability and normality rule of the serious impact; accessory criminal law pattern is conducive to the realization of the relative stability of the penal code requirements, but because the accessory criminal law does not have the form of criminal law, criminal liability provisions which the deterrent force easily neglected by the society, therefore, is not conducive to the general prevention function of criminal law. Relatively speaking, the amendment of the criminal law amendment mode has significant advantages prominent, mainly reflected in: (1) criminal law amendment is passed by the NPC Standing Committee legislative amendment of local modification of the criminal code of procedure, which has flexible, timely, pertinence, legislative procedure is relatively simple. Of course, this is also the characteristics of single criminal law would be. (2) the amendments to the criminal law in the creation, through the form similar to the single criminal law, but in essence is different from the single criminal law. In relation to the penal code, criminal law amendment to the criminal code is original articles, modify, replace or supplement the new provisions, supplemented in the penal code in this way, it can not only directly contributed to the improvement of the penal code, but it does not like the single criminal law as independent of the penal code and the existence and is suitable, it after the promulgation of will be included in the penal code and become part of the latter, so as to facilitate the understanding and application of. Criminal law amendment the perfect penal code and the understanding and application of separate criminal law, is not available. 3.The amendments to the criminal law not only directly incorporated into the penal code provisions and the legislative technique, in order to not disturb the penal code, thus contributing to the maintenance of the penal code integrity, continuity and stability, is beneficial to the unity and coordination of criminal law. The major advantage is the single criminal law do not have.
     In conclusion, the advantages of both single criminal law amendment to the criminal law, and other prominent advantages of single criminal law do not possess, but also avoids the defects of single criminal law, which is the local modification and perfection of criminal law is an ideal mode of the modern rule of law context. Therefore, in a certain sense, criminal law amendment this practice mode, marking China's criminal law legislative method has become more and more mature, is a great progress in the legislation technology.

     (five) the legislative interpretation of criminal law as the sources of criminal law began to attention
     In April 29, 2000, the NPC Standing Committee passed the "criminal law of the second paragraph of the ninety-third explanation", this is explained by the first criminal legislation of our country, the legislative interpretation is not only to explain the form of legislation to solve the Supreme People's court and the Supreme People's Procuratorate in judicial application is one of the important differences, and is the country the legislature makes up a good mode of criminal legislation technology, clear criminal law, is an important step towards the national criminal law.Later, the National People's Congress has passed the paper explains 8 criminal law, the relevant provisions of the penal code and its application for the interpretation of meaning. Legislative interpretation of criminal law is to clarify the NPC Standing Committee in accordance with the relevant provisions of China's constitution and legislation law meaning for some of the content of criminal legislation standard have made. Because the criminal law legislation is relatively general, principles, legislative technology also has some problems in the judicial practice, the Supreme People's court, the Supreme People's Procuratorate and the two has the power of judicial interpretation of the supreme judicial organs may also occur on the different understanding of the criminal law, so, in the practice of criminal law will continue to produce by the National People's Congress Standing Committee of interpretation of criminal law, and national legislation should pay attention to and make full use of the legislative interpretation of criminal law, the criminal law meaning clear promotion way of criminal law.
     Need to add is, is said to be due to the need of judicial practice, Law Committee of the NPC Standing Committee in 1997 after the criminal code had understanding in criminal law application problems and the relevant central political and legal organs joint or separate made some explanation of criminal law.In this regard, some think it is the legislative explanation documents, some think not. We believe that, in accordance with the provisions of China's constitution and legislation law, just as the state legislature of the NPC Standing Committee has the right to interpret the law; and the Law Committee of the NPC Standing Committee is the working mechanism of the Standing Committee of the NPC and the Law Drafting Division, it does not have the power of interpretation of law. And the involvement of many non legislative interpretation and certainly not the legislative interpretation, and even is not the exclusive legislative interpretation of the NPC Standing Committee, made, it can only be seen as a national legislation organ of legislative interpretation views, the views can be the reference for the judicial organs, but but unlike the legislative interpretation files that have the force of law. In addition, as the national legislative organs of the NPC Standing Committee, due to its nature and authority, made the explanatory comments should also be very careful, generally should not be issued the opinions, so as not to cause ambiguity and applicable in understanding, unity and prevent the rule of law.

     Looking forward to four, our criminal legislation development
     As mentioned earlier, China's reform and opening up 30 years since the reform and the development of the legislation of criminal law is a brilliant achievement, but these achievements does not mean that our criminal legislation to the end of the road to the reform and development, but in the new period of social development and higher level to further promote the rule of law, the legislation of criminal law reform, criminal law reform put forward the greater new task of. We believe, our future criminal legislation development, especially need to investigate and solve the problem of three following respects:

     (a) about the direction of the reform of criminal law
     Direction of the reform of criminal law depends on the purpose of the reform of criminal law. The purpose of the reform of criminal law in our country, in order to realize the modernization of criminal law, in order to safeguard and promote harmonious development and social progress. The Chinese established the basic state policy of building a socialist harmonious society, building a harmonious socialist society is a system engineering related to political, economic, legal, cultural, social life in many aspects, and the construction of harmonious rule by criminal law is one of the indispensable important aspect; in today world, the protection of human rights for the international community and countries seriously, distinctive theme is the modern criminal law, China also established "the state to respect the constitutional principle and the protection of human rights" and realize the significance of the protection of human rights in criminal law; to promote the building of a harmonious society and protecting the human rights, political decision makers to establish and implement the basic criminal policy of tempering justice with economy in the field of criminal law, this policy for the rational punishment of crime prevention, criminal law science and modernization, has especially important significance. Therefore, we think, the present stage of reform of the criminal law, should be to contribute to the construction of harmonious society and strengthen the protection of human rights, help to carry out the basic criminal policy of combining punishment with leniency for development direction. Whoever goes against the, hinder the development of, should be resolutely corrected or flatly rejected.

     (two) focuses on the reform of criminal law
     Due to the development of criminal law with the related aspects, many are improving the content and technology, major changes to some of the important issues will be the reform. The criminal law should take into account the development of course reform, but the reform relates to the key problem is the need to focus on. So, the reform of criminal law in the legislation of our country at the present stage of the important issues to what? For the key ones: (1) the reform of the death penalty system. The first is the death penalty charges substantially cut, especially the abolition of economic crime, crime and other non violent crime, the death penalty; followed by the death of serious violent crimes, drug crimes such as "big" crime death penalty legislation limitation; again is the reform and limit, reducing the death penalty matching penalty system and perfect the problem; finally phased comprehensive legislation abolishing the death penalty problem. (2) the reform of criminal law of the protection of human rights. The death penalty system reform is of course important aspects of human rights, but in addition, there are some important problems to the reform of criminal law in the protection of human rights, such as the minor special crime should be established in the general principles of criminal law in the special problems in the security system, especially the system of reeducation through labor should be incorporated into the criminal law to be integrated the reconstruction problem, system problem of legislation of community correction, and the reasonable adjustment of the penal code architecture in order to highlight the problem of the protection of citizens' basic rights. (3) deal with the development of the times and the crime novel, the challenges of globalization, timely and reasonable to add new kinds of crime and international crime in the criminal law, basic principles and implementation of the criminal law of the United nations.

     (three) about the criminal law reform way
     On our future legislation of criminal law reform and development, we put forward the following opinions and suggestions: (1) the future of China's criminal law amendment, supplement and perfect local should be limited to the major amendment to criminal law and the legislative interpretation of criminal law in two ways, and abandon the specific criminal law, subsidiary criminal law also should be limited to echo the penal code or criminal law amendment mode. But we should strictly distinguish and correct use of the amendments to the criminal law and the legislative interpretation of criminal law; should conscientiously implement the requirements of the basic principles of criminal law and the basic principle of these two methods, accuracy, improve the scientific content and language specific; and pay attention to change the previous criminal law amendment only focuses on the situation of criminal law norms, according to the general rules of the criminal law needs to create the criminal law amendment, in order to promote the development of basic rules of criminal law and the perfection of the system. (2) the state legislature to make the penal code compilation, absorb the already issued the amendment of criminal law, and the document attached to the corresponding provisions after the legislative interpretation of criminal law, criminal law, in order to study the application of convenience and propaganda. (3) at the appropriate time, the state legislature can also consider centralized system, comprehensive revision on the work schedule of the penal code, criminal law amendment, complete with a more scientific and more adaptive with the time.

     Five, nodeLanguage
     The criminal law reform is by no means can accomplish at one stroke, but a together with the time of the continuous process of development; criminal law scholars is unremittingly for criminal law reform and perfect pursuit and contribution should also. We look forward to, in the globalization background, with China's reform and opening up and the gradual advancement, comprehensive development and progress of society, will the criminal legislation of our country will be in the national traditional culture of criminal law, the foundation of civilization advanced swallow anything and everything foreign criminal law on the reasonable direction, toward a more humane science, the civilization and development.

     Author brief introduction:
     Zhao Bingzhi: Dean, Beijing Normal University College of criminal law science and law school specially invited Professor, doctor of law, tutor of doctoral students, President, International Criminal Law Association vice chairman China branch of criminal law research China law.
Wang Junping: Associate Professor, College of criminal law science, Beijing Normal University, doctor of law.