《刑法》罪名确定机制的演进与革新——由全国人大常委会确定《刑法》罪名的建议

The Development and Reform of the Charge Creation Mechanism of the Criminal Law——the Suggestion about Creating the Charges of the Criminal Law by the Standing Committee of the National People ’s Congress

目前,《刑法》或《刑法修正案》出台后由最高人民法院、最高人民检察院以司法解释形式确定新规定犯罪之称谓的传统罪名确定机制存在诸多弊端,如易背离立法本意、效率低下等。以与时俱进之理念革新现行《刑法》罪名确定机制势在必行,考虑我国刑事司法的实际状况,在经过与《刑法修正案》同步出台立法解释和在《刑法修正案》中直接规定罪名两个阶段的过渡后,最终将实现由最高立法机关在刑法典中直接规定罪名的理想目标。

The traditional charge creation mechanism is instituted through the judicial intebpretation issued by the Supreme People＇s Court and the People＇s Supreme People＇s Procuratorate after the amendment to the Criminal Law. Nowadays, the traditional charge creation mechanism has many defects such as deviating from the original ideas and low efficiency. Thus it is urgent to establish the new mechanism of making charges. Considering our country＇s criminal judicial situation, after the transitional tools of the judicial interpretation and the amendments of the Criminal Law, we are looking forward to the goals of creating charges of the criminal law by the supreme legislative body directly.