Legal Reflection on Making a “Misdemeanor” Law
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Abstract
In general,the advantages of the legislative model considering both qualitative and quantitative elements in our country outweighs the disadvantages.Ambiguity,as a basic attribute of criminal law,is not caused by quantitative elements,which hold the main function to exclude general illegal acts that did not meet the "quantity" from crimes.Making a "misdemeanor" law,through canceling quantitative elements in criminal law,will not become a reasonable,scientific and economic solution to the legacy issues after abolishing reeducation-through-labor,and conversely,will cause the substantive ambiguity,the judicial confusion and the public dazed and anxiety.Making a "misdemeanor" law will be inconsistent with the principle of clarity in criminal legislation and the values of the rule of law.
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