Psychological Analysis Of Criminal Law

Criminal law is the law that governs human behavior. It is behavioral criminal law. Behavior is driven by the mind. Therefore, it is very important that a set of criminal laws should be formulated on the basis of mental rules if it is to carry out its functions of regulating human behavior, protecting social order and safeguarding human rights. This is also the requirements for scientific criminal law which is different from traditional criminal law which is built on the ideas of value. This dissertation comprises of five chapters to analyze criminal law and criminal law theory with psychological theory.The first chapter is conspectus. It mainly introduces the background, purposes, research methods, the new ideas and structural framework of this dissertation.The second chapter is psychological analysis of the principle of legality. According to the research of modern psychology, the principle of legality is based on the S-R relation of classical behavioristic psychology, the distinguishing clue theory of neo-behaviorism, the personality theory of depth psychology and the theory of hierarchical needs of humanistic psychology. The theory of mental compulsion advocated by Feuerbach is not the basis of the principle of legality. In relation to the principle of legality, the essential and formal theories carry the same meaning, and carry the same protection and safeguard functions. The definitude is the most important embodiment of the principle of legality. Criminal law should be applied in mutual scope, if there are different rules governing the same behavior.The third chapter is psychological analysis of criminal rules. The analysis focuses on subject and subjective aspects of crime.Subject of crime is an important key element of the constitution of a crime. According to the development of the cognition and self-control capabilities of children, the age limit for criminal capability is set too high under our criminal law. Under the circumstances, a person who has not reached the age of 12 shall not bear any criminal responsibility, and for a person who has reached the age of 15 or over, he shall bear full criminal responsibility. At the same time, the term unsound mind is not scientifically applied under our criminal law. Unsound mind is not limited to lunacy in psychiatry and psychology, but it carries a broad connotation and includes all kind of psychogeny.From the perspective of depth psychology, all subjective aspects of crime are not conscious. Under our criminal law, direct intent, indirect intent and negligence involve consciousness. Criminal acts committed as a result of recklessness is preconscious. As a type of psychological fact, subjective aspects of crime comprise the mental course of cognition, emotion and will. The description of criminal acts as described under our criminal law theory is fragmented and as a matter of necessity includes the emotionality element. For acts that are committed under the influence of emotion, are subject to the influence of stimulus, stimulative indirectness, facticity, emotional intensity and its judgment. It is suggested that additional regulations should be put in place to regulate criminal acts that are committed under the influence of...