1. Subordinate decentralized legislative model
Subordinate decentralized legislation means that the subordinate criminal law norms do not directly stipulate the complete content of crime and punishment, but have a certain dependence on the criminal code or the separate criminal law. It has two characteristics: first, this legislative method cannot stipulate the complete content of the subsidiary criminal law norms on crime and punishment. All or part of its contents should be attached to the relevant provisions of the criminal code or the separate criminal law; Second, this legislative method is not only applicable to the provisions of reference, modification, supplementary or explanatory norms, but also applicable to creative norms. This way of legislation can be divided into the following three situations:
(1) general formula
To sum up, it means that in the attached criminal law norms, only one or several criminal acts are generally stipulated that they should be punished or investigated for criminal responsibility according to law. As for how to investigate criminal responsibility, it depends on the relevant provisions of the criminal code or the separate criminal law. This kind of legislation is the most common in China's subsidiary criminal law norms.
(2) Dominant expression
Express means to point out or indicate in the attached criminal code which specific law or which clause or charge in which law the clause is attached. There are four main situations in this legislative way: First, it is stipulated that criminal responsibility shall be investigated according to a certain law (criminal code or separate criminal law).
(3) Comparison formula
Contrast refers to a new criminal act stipulated in the subsidiary criminal law, which only stipulates the charges and charges. However, its statutory punishment is compared with the legislative punishment in a certain clause of the criminal code or a separate criminal law. This kind of legislation is more common in China's subsidiary criminal law norms.
2. Independent and decentralized legislative methods
The independent and decentralized legislative model refers to the legislative model that the contents of crimes and penalties directly stipulated in the subsidiary criminal law norms are not attached to any other laws. This kind of legislation has the following two situations in the legislative style of various countries:
(1) Create general norms of criminal law.
(2) Create specific criminal law norms. The so-called codified legislative model refers to the compilation of subsidiary criminal law norms in non-criminal law. This legislative model is based on the existence of the above-mentioned decentralized legislative model and should also belong to one of the ways of subsidiary criminal law legislation. Systematizing the existing subsidiary criminal law norms is a legislative way. It is not limited to the external processing of existing subsidiary criminal law norms, but on the basis of re-examining all existing subsidiary criminal law norms, it compiles legal documents with guiding significance in the field of non-criminal law adjustment. This kind of compilation should not only sort out the existing subsidiary criminal law norms, eliminate the conflicting and overlapping parts, but also supplement some new norms, fill the gaps, strengthen the coordination between criminal law norms, and form an internally related unity from certain principles. This kind of legislation can not only overcome the defects of scattered legislation, but also create conditions for amending the criminal code.
This legislative method has not been adopted in China, but it is widely used in foreign criminal legislation, especially in the framework legislation of the Netherlands and the Federal Republic of Germany. Because the contents of the two countries are basically the same in this respect, we only take the Dutch economic crime law as an example to illustrate this legislative method. The Economic Crime Law promulgated by the Netherlands 1950 is a typical example of the earliest adoption of this legislative method. The law involves 50 kinds of economic laws and regulations, which can be divided into six categories: first, agricultural economic law; The second is the law on necessities of life; The third is the wage and price law; Fourth, the enterprise merger law; Fifth, transport law; Sixth, the retail goods law. This law includes both substantive law and procedural law of economic crimes and organizational measures of economic criminal justice. None of the economic crimes stipulated in this law has specific constitutive requirements and penalties, but these contents are stipulated by the subsidiary criminal law norms in the corresponding economic laws and regulations, and in this law, only which clause of the economic laws and regulations economic crimes belong to is indicated. This legislative method, which only outlines the origin of an economic crime, and its substantive content is stipulated by specific economic laws and regulations, should be called "framework legislation", and it is also a legislative method attached to the compilation of criminal law in essence. This law makes the subsidiary criminal law norms originally scattered in various economic laws and regulations form a systematic legal document according to a certain style, overcomes the disadvantages of scattered legislation to a certain extent, and provides convenient conditions for judicial organs to apply the law. However, the law also has the following shortcomings: first, it only compiles the subordinate criminal law norms in the current economic laws and regulations, but does not include the subordinate criminal law norms in other non-criminal laws, and the scope is too narrow; Second, the law combines substantive law, procedural law and judicial organization measures in one legal document, which does not conform to the development trend of legislative specialization; Third, inconvenience serves as the legal basis for conviction and sentencing of judicial organs.