刑法修正案立法功能及其矫正

The Amendments to the Criminal Law Legislation Function and Correction

全国人大常委会制订并颁布刑法修正案,是符合我国《宪法》和《立法法》规定的,但全国人民代表大会也应成为刑法修正案的立法权主体,且拥有主要的、基本的立法权限,而全国人大常委会的立法权限则应当是次要的、部分的,由此决定两者的立法功能有着主次之分。刑法修正案应与其他刑法体例相互结合,发挥其系统性功能。因此,国家立法机关应针对呈现立法扩张态势的刑法修正案(八)草案进行功能矫正,由全国人大依法行使刑法修正案的立法权,由全体人大代表半数通过,并将现行刑法典重新公布。

The NPC standing committee and issued 7 amendments to the criminal law, is in conformity with the constitution and the legislative law regulation, but the National People＇s Congress shall also become the legislative amendments to the criminal law, and the main body of the legisla- tive authority, the NPC standing committee, and the legislative authority should is secondary, part of the decision of legislation, which also has the function of both primary and secondary. Legislative a- mendments to the criminal law should be combined with other criminal style, exert its function of system. Based on the functional localization, the state legislature should be aimed at the present leg- islation expanding situation （8） the draft amendments to the criminal law, function by the National People＇s Congress shall exercise the amendments to the criminal law legislation, by the National People＇s Congress, and half by current penal code shall be re-promulgated.