刑事法律和民事、行政法律在属性方面区别很大,因为其主要发挥法律的强制功能,其法律适用的后果是消极的,并且以限制人权作为基本形式。同时,由于法典和单行法不可能同时制定,一些涉及社会重要领域的单行法律的制定要晚于刑事法典,因此,在刑事法典中将最新的犯罪行为予以规制不太现实。这样,通过附属立法的模式,可以应对法律空白问题,使刑法能够及时规制相关的社会领域和社会问题。 Criminal law and civil and administrative law differ greatly in their attributes as they mainly exert the mandatory functions of the law. The consequences of their legal application are negative and the restriction of human rights is the basic form. In the meantime, since it is impossible for both the Codex and the Solomon Law to be enacted at the same time, some single laws involving important social fields are formulated later than the Criminal Code. Therefore, it is not realistic to regulate the latest criminal acts in the Criminal Code. In this way, through the mode of the subsidiary legislation, the legal blank can be dealt with so that the criminal law can timely regulate relevant social fields and social issues.