Reserch On Moral Crime

Moral crime is a kind of relatively special crime,which is closely associatedwith the good customs of social life.The legislators set moral crime mainly based on the purpose of maintaining ethical considerations of social life,so compared with other traditional crime,the moral crime is novictims crime,and thereis large volatilities.Moral crime has already existed in the earlier criminal law of our country,in other words,moral crime is one of the oldest type of crime in human history.As the thoughts of Rechtsstaat and protecting human rights establish and win universal recognition in the modern society,the function of modern criminal law gradually shifts to protecting the personal liberty,and the free security becomes the core idea of modern criminal law.So there is a great development in the legal interests theory of criminal law on this basis.The function of legal interests that limiting the use of criminal law has become more and more obvious.Moreover in the middle of the last century,there were controversies on whether it is reasonable that the behavior violate the social good customs is the crime behavior,therefore there was a exist or abolish battle on moral crime.On the whole,the theoretical studies on moral crime areinsufficient and shallow,and most are simple repetition,so there is rarely study involving what is the legal interests protected by moral crime.Today,criminal law legislation tends to be rational,to solve the disputes of moral crime,we should not continue to stick to the traditional thinking modes and research methods,but on the basis of the existing research results and the research thoughts,we should seek a way to leading the study on moral crime to further.It is regarded as a reasonable path that under the premise of defining moral crime reasonably and following the thoughts of Rechtsstaat and protecting human rights,through the way of analyzing the legal interest's essential connotation,using the function of legal interests that limiting the use of criminal law and combining with the principle of harm and complementary and crime equaling penalty,on the basis of clarifying the connotation about moral crime,with the help of the proportion principle to deduce the standard of moral crime legitimation,and then judging the moral crime by putting them into this standard one by one.This can be regarded as a reasonable and feasible research mode.Only in this way,can we get rid of the previous research troubles,and provide reliable theoretical basis for solving the disputes of moral crime.The ultimate goal of moral crime research is perfecting the legislation,through the verification above and according to the conclusion research,further combines the regulation position with the current legislation trend of moral crime,then makes a reflection on moral crime legislation,based on this,gives legislative suggestions to perfecting our country'smoral crime.In particular,the text is divided into five chapters besides the introduction and the conclusion.The introduction briefly introduces the research summary about outside and domain moral crime,and illustrates the problems of moral crime in mainland China,then points out the methodology preset and research significance which the study of moral crime needs.The first chapter makes a detailed comb at different periods of history evolution of moral crime outside and inside the mainland China,and briefly introduces the reasons why moral crime changes.The second chapter has carried on the definition and classification for moral crime,analyses the legislation purpose,social attribute and present legislation situation of moral crime,clarifies the differences and the similarities of moral crime with natural crimes and no victims crimes.The third chapter,on the base of the thoughts of Rechtsstaat and liberalism,by the reading to the internal structure of legal interests,points out the role of legal interests in the border of the criminal law,then reaffirmes its restrict function of criminal law's launch.On this basis,combining with the principle of harm and complementary and crime equaling penalty,elaborates the precondition and foundation and complement of the moral crime legitimation,then uses the constitutional proportion principle's important function in limiting state public power abuse or improper expansion,then further sets the standard of moral crime legitimation.The fourth chapter has made a brief description on the verification thought of moral crime,and then judging the moral crime by putting them into this standard one by one,in accordance with the validation criteria setted to moral crime legitimation by the preceding chapter.And finally works out whether they are valid conclusions or not.The fifth chapter tries to analyse the regulation position and the current legislation trend of moral crime,then makes a reflection on moral crime legislation,based on this,gives kind of sin conception and preset specific provisions of moral crime in chinese criminal law.The onclusion part sums up and states the research process and the research conclusion,and makes a supplement to the unfinished matters,meanwhile plans a preliminary program for the follow-up study.