Social Harmfulness Theory Of Justification

Social harmfulness is the basic category of punishment law in our country,is the core of China's criminal law system.However in the penal code in 1997 clearly stipulated the principle of a legally prescribed punishment,and with the influence of foreign criminal law thought,social harmfulness theory is controversial,independent scholars,mixed.In this paper,standing on the position of tong said,through the development of social harmfulness theory review,the current situation of the theory of social harmfulness and its controversial,and the theoretical study of the ontology of social harmfulness of Taoism was reviewed and the basic theory of social harmfulness is to reinterpret,then discussed on the relationship between the concept of social harmfulness and adjacent,in order to further clarify the specific content of social harmfulness,standardization,substantive,and specificity of harmfulness to society,and then continue to establish the status of social harmfulness in Chinese criminal law system,so as to continue to show the rationality of social harmfulness theory of punishment law in our country.This article is divided into three parts.Proposed that first chapter for the problems are briefly expounds the theory of social harmfulness of the causes of the controversy and the research status,in order to make clear train of thought.The second chapter is divided into five sections,respectively,the nature of social harmfulness concept,nature,content and value of debate was reviewed and put forward own viewpoint to explain its basic theory.The third chapter is divided into five sections,respectively to the theory of social harmfulness in legislation of our country's criminal legislation and criminal justice guidance and sin,elaborates the function,and discusses relations of the principle of a legally prescribed punishment and social harmfulness,with the crime constitution of dual structure perfect crime constitution and social harmfulness relations,finally further perfect the evaluation criteria of social harmfulness.