Comparison of legislative background
The "79 Criminal Law" is the product of the 30th year after the founding of New China. For a person, 30 years has been a year of standing, that is, the age of maturity in all aspects, and the construction of socialist legal system in China is a stage of re-starting [2]. /kloc-0 The Third Plenary Session of the Eleventh Central Committee of China Producers' Party held at the end of 978 marked a great turning point in the history of new China. The Third Plenary Session clearly pointed out: "In order to ensure people's democracy, we must strengthen the socialist legal system, institutionalize and legalize democracy, and make this system and law have stability, continuity and great authority, so that there are laws to follow, laws to be observed, law enforcement to be strict, and violators to be prosecuted." [3] The Third Plenary Session of the Communist Party of China began to completely set things right from the state of legal nihilism and lawlessness, which put our country on the track of perfecting the legal system. The "79 Criminal Law" was born under this historical background. Coupled with the promulgation and implementation of the Criminal Procedure Law of People's Republic of China (PRC), it ended the state that China could not follow for many years. They are the symbol of a new starting point for China's socialist legal system construction.
The Criminal Law of 79 is characterized by short space, scientific basic system and structure, and mild legal punishment, which basically conforms to the actual situation in China at that time. But its carelessness and lag are also very obvious.
In view of the defects of "79 Criminal Law", since 198 1, the national legislature has made a series of amendments or supplementary provisions to "79 Criminal Law", and * * * has formulated 22 decisions and supplementary provisions on amending the Criminal Law. In addition, the supplementary criminal law also contains 130 provisions on the investigation of criminal responsibility. The reason for this situation is the result of profound changes in China's social politics, economy and social life in 17. The change of social life affects the change of criminal phenomenon. The emergence of new situations and new problems has directly promoted the formation of the legislative background of "97 Criminal Law". Specifically, first, when the "79" Criminal Law was formulated, there was insufficient research on some criminal acts, and the provisions were not specific, which made it difficult to implement, such as the general principles of "pocket" crimes such as dereliction of duty, hooliganism and profiteering; Second, some crimes stipulated in the "79 Criminal Law" no longer exist, such as the crime of forging and reselling planned supply tickets, which lost its foundation of existence with the change of planned economic system; Third, some crimes stipulated in the "79 Criminal Law" were not serious at the time of legislation, but later they were serious, such as smuggling crimes, human trafficking crimes, drug crimes, obscene articles crimes, prostitution and whoring crimes. , and it is necessary to make changes in the detailed setting of charges, and increase the punishment accordingly [4]; Fourth, there are a large number of new serious behaviors that endanger society, which are not stipulated and can not be stipulated in the "79 Criminal Law", especially many economic crimes, such as financial crimes, securities crimes, crimes of using special invoices for value-added tax, etc. , resulting from the fundamental transformation of the national economic system and the transition from the product economic system to the socialist market economic system; There are other underworld crimes, organized terrorist activities, crimes that incite national hatred and undermine national unity, computer crimes, etc., which seriously endanger society; Fifth, when the "79 Criminal Law" was enacted, China had not changed from a closed state to an open image, and at that time, it had not acceded to some international conventions, involving some crimes and criminal jurisdiction stipulated in the conventions, and there was no corresponding provision in the "79 Criminal Law". However, since the early 1980s, China has successively acceded to some international conventions, such as the Convention on Crimes and Certain Other Acts Committed on Board Aircraft, the Convention on Unlawful Seizure of Aircraft, the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. In order to better fulfill China's international obligations, it is necessary to formulate a revised criminal law. Sixth, a series of decisions and supplementary provisions to amend the criminal law after the "79 Criminal Law" laid the foundation for the introduction of the "97 Criminal Law"; Seventh, criminal law scholars have conducted extensive, detailed and in-depth research on the revision and perfection of criminal law from the mid-1980s to the present, and achieved fruitful results, laying a solid theoretical foundation for the promulgation of "97 Criminal Law".
In a word, the "79 Criminal Law" was born at the moment when China society just ended its lawless and chaotic state and the socialist legal system construction started again. The "97 Criminal Law" was born under the circumstances that many profound and even fundamental changes have taken place in China's society in politics, economy and social life, and it is a stage of great progress and continuous improvement in the construction of socialist legal system.
Comparison between overall structure and main contents
I. Changes in the overall structure
The "79 Criminal Law" is divided into two parts: general provisions and specific provisions. The general provisions include five chapters, of which the second, third and fourth chapters are divided into several sections, and there are 89 legal provisions in the general provisions. There are 8 chapters in the sub-rules, and the legal provisions 103. The whole criminal law has *** 192 legal provisions, which is short in the world criminal legislation. The legislative technical principle of "79 Criminal Law" is "coarse should not be fine" or "sparse should not be dense". After the implementation of 17 criminal law, its disadvantages are obvious.
The "97 Criminal Law" retains the general framework of general provisions and specific provisions, while adding the "supplementary provisions" part. The structure of chapters and sections in the general provisions has not changed much compared with the "79 Criminal Law", but the number of articles has increased from 89 to 10 1, with an increase of 12. The specific provisions have changed greatly: First, the original eight chapters have been expanded to 10, in which the seventh chapter "Crime of endangering national defense interests" is a new chapter, and the 10 chapter "Crime of violating military duties" is transplanted from a single criminal law. The addition of these two chapters shows that a unified and relatively complete law has been formulated.