空白罪状的司法适用问题研究刑事诉讼法专业毕业论文.docxVIP

1 1 2 2 Abstract Lawmakers in setting up the administrative commit crimes often will use the blank counts legislation technology, leding to the current offense type specification provision in the specific provisions of criminal law there are a lot of blank. Since there are a lot of blank counts in the legislation in indictment, then problem is worth thinking about blank counts in the judicial practice how to apply charges? Based on this, this article from the Angle of judicial application blank crimes has carried on the comprehensive study. The article has three parts. First, it defines blank counts’ concept, and on the basis of the analysis contains blank crimes criminal law provisions, the blank indictment, structure and classification of supplementary specification is studied. The article’s second part studies comprehensively on the dilemma of judicial application of blank counts and the reasons. Of course, the part is the emphasis of the article. First, judicial application of blank counts have six emphasizes. One, What kind of criminal norms can be blank indictment of the supplementary specification.Two,when supplement specifications of blank counts point to number regulations, how to choose the supplement specifications. Three, when filling supplement specifications also having blank terms and needs other regulation, how to apply. Four, when blank counts is not link up with supplement specifications, how to apply. Five, when judicial interpretations is inconsistent with supplement specifications, how to handle. The last, when supplement specifications change, how to apply. Second, the article indicating non-criminal norms’ inherent properties, the immature of legislative technology and advance judicial interpretation are main reasons which lead to dilemma. The third part also is the emphasis. Against to six judicial applications of blank counts’ dilemma, this part solves them. First, we clearly elaborate the principles of judicial application of blank counts c