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刑法修改是立法机关根据社会需要以及犯罪发展态势,适时针对不合理的刑法规范与条文作出相应修改的一种立法活动。从刑法修改的范围来看,有全面修改与部分修改两种形式;从修改所采取的载体形式看,有刑法典修改、单行刑法修改与附属刑法修改等形式;从修改所涉及的内容看,有废止型修改、修订型修改与补充型修改几种形式。刑法修改必须针对特定对象与内容采取不同的修改形式,刑法修正案不应当成为刑法修改的唯一途径,特别是对行政犯而言,更应该采取附属刑法的立法与修改形式。
The revision of the criminal law is a kind of legislative activity that the legislature makes corresponding amendments to the unreasonable criminal law norms in time according to the needs of society and the trend of criminal development. From the perspective of the scope of the criminal law revision, there are two forms of comprehensive revision and partial revision. From the perspective of the carrier form of revision, there are some forms such as the revision of the criminal code, the amendment of the criminal law of the single bank and the revision of the attached criminal law. From the content of the revision, There are abolition of revision, revision and supplement modification of several forms. Amendments to the criminal law must take different forms according to specific objects and contents. Amendments to the criminal law should not be the only way to modify the criminal law. In particular, for administrative offenders, the legislation and modification of the attached criminal law should be adopted.