On The Criminal Plots

Narrow criminology is a study on crime and applied penalties.Based on the context of narrow criminology,this article analyzes the circumstances of crime.By taking the criminal plots as the main theme,and based on the understanding of nature of the circumstances,this article focuses on the crime plots and the concept of crime,the relationship among constitutions of crimes,the classification methods of crime plots and context thereof,and the application in judicial practice.At last,this article proposes relevant suggestions on legislation in circumstances of crime.Opening with the introduction,the article is divided into five chapters,and the final is the conclusion.The article first introduce the general present study on crime plots,including the existing research,confusion in the practice,problems the article tries to solve,as well as the theoretical and practical significance of the research.The first chapter is an overview of the circumstances of the crime.The definition of the nature of plots is the mainly discussed in this part and is the key points of the full text.The academic concept of plots in criminology experienced from the list to the general,from the phenomenon to the process.The biggest problem in the most representative theory is that it can not correctly distinguish the circumstances.In practice it may mistake the should-not-be-plot facts as the criminal plots,or exclude the should-be facts as plots.This paper proposes that to define the nature of the circumstances need to first define the nature of crime,because crime is a collection of circumstances,only to clarify the nature of the overall can we correctly define the nature of the part.Human awareness always develops from the perceptual to the rational,thus,if we want to grasp the nature of a crime,we must first understand the outside characteristics which can be noticed of.Only penalties can become the outer limits to distinguish crime and other acts,therefore,the essential characteristics of the crime should be the punitive penalties.Accordingly,as the basic elements to construe a crime, the essential characteristics of the plot is able to influence whether the severity of penalties.Crime should be punished is determined by the social harm.Three aspects can illustrate the social harm:objective hazards,subjective evil,and personality defects.So the nature of the circumstances should reflect the degree of social harm.The extent of such harm is determined by the levels of objective hazards,the degree of subjective evil and extent of malignancy and personality defects.Thus,the article concludes that plot is fact that reflects the degree of social harm and determines whether a penalty should be and the extent thereof. Those three dimensions should be treated in different degree.In the conviction stage,the degree of the objective hazard and personality defects should be subjective to the degree of subjective evil,it means,objective harm is determined by the subjective evil and the vicious character flaws need to be proved by the subjective evil.In the sentence stage,penalty primarily depends on the degree of subjective malignancy.Harmful to society is an evolving concept,as the basis of criminal law to analyze the basic characteristics of the circumstances in crime.Chapter 2 will put plots into the dynamic course of legislation and judiciary,and reveal the relationship among circumstances,crime,and construction of crime.First illustrate the nature and role of criminal plots in the legislative and judicial processes.The legislative process is actually an abstracting,generalizing,and upgrading process from a real life and a true crime.According with the real chance and necessity of the real criminal cases,the Penal Code stipulates the general principles of a crime in general provision,and the construction of crime in the sub-derived,as well as a crime or an amendment to a crime.Judicial process is a process to apply specific case into the provisions of law,and a reverse process to interpret and specify legislation.This dynamic process demonstrates that plot in crime is closely related with the concept of crime and the construction of crime.Specifically,concept of crime is the abstract of the construction of crime of a crime and the latter is the abstract of criminal plot.On the relationship between concept of crime and construction of a crime,the former is general and the latter is specific;on the relationship between the construction of crime and the plot of crime,the former is general,as the latter is specific.Therefore,the concept of crime is general, and the circumstances of crime are specific.As the general always demonstrates itself by specific,therefore,the concept of crime lies in the construction of crime.All the generalization and abstraction of crime construction is namely the concept of crime.The construction of crime exists in the overall composition of criminal acts.All the crime plots in different criminal levels are the construction of crime,correspondingly,the generalization and abstraction of all plots in crime is the concept of crime.The difference among those is that the concept of crime can only decide whether to establish a criminal act,the construction of crime can only decide which crime the act set up, only by analyzing the circumstances of crime can we decide how degree is the crime and what penalty should be taken.We shall say that the defining and evaluating of plots in crime means the ultimate evaluation of the act,means that the task of criminology of conviction and sentencing can be finished.Chapter 3 is the category of circumstances of the crime.Classification means the deepening process in the understanding of the circumstances, and the deepening in understanding will enable us to r grasp and use the plot better.There are various classification of circumstances,we choose the classification which can help understanding the nature of plots and then instruct in judicial practice.Under the guiding ideology,in accordance with the nature the circumstances can be divided into three aspects:the objective hazards,the subjective evil and the personality attitude.Since the subjective evil can decide the degree of social hazard,and the plots in crime seems more important.Plots of personality attitude extend the evaluation of attitude from facts in action to facts before and after action,because the latter two can both illustrate the fact of attitude.According to the four requirements of crime construction,we can divide the plots into subject,subjective,object,and objective,this is the most important classification of circumstances of crime.All theories in crime constitution can be applied here.The main conclusions are:the subject plot is the premise and foundation of subjective circumstances, and the subjective circumstances is the realization and specialization of subject plots.The object and objective plots are demonstration of subjective plots in reality.Therefore,methods and means in objective plots,object and result in objective plots shall both be confined by subjective control.Therefore,in conviction,nature of the act should be determined by subjective realization.Sentence should be decided by the subjective realization and control. Such importance is due to the context of subjective circumstances.From the perspective of value,the subjective plots directly reflects the core nature of plots that is the subjective vicious.From the perspective of fact,the liability of awareness and control must be demonstrated through subjective plots,the content of subjective understanding and control is object and objective plots.Therefore,in the process of evaluating the severity of penalties,it is incorrect to determine the nature of act or the degree of it if only from an objective point of the circumstances(including the object and objective circumstances ).Even in legislation,it is doubtful if only emphasizing the importance of objective plots.According to whether the circumstances of crime are expressly provided in Penalty Code, plots can be divided into statutory plot and discretion one.This article illustrates that discretion should also be statutory,and the difference lies in the different degree of analogy. Statutory discretion of the circumstances should meet certain conditions:the circumstances is of higher probability in reality;people have reached common agreement of the role of plots.Conviction and sentencing plot are classified by the function of plots.From the abstract sense,any plot may both be the plot of convicting or sentencing,action in the critical point of crime or non-crime is difficult to judge whether it is a conviction or sentencing plot.According to the order of emergence,plots in crime can be divided into before-crime plot,in-crime plot and after-crime one.Since plots all manifests the degree of social hazards and crime is collection of plots,such a classification is wrong.It may result in the excessive concern about in-crime plots and neglect the before or after crime plot which plays important role in sentencing.In fact,the importances of plots have nothing to do with the order of its emergence.Three are all subject to the nature of plots and crime,plots before or after the crime also have the function of conviction.After realization of the disadvantage of such classification,this paper argues that such a classification is mainly applied to the plots in crime which determine the conviction of crime.The other two plots generally do not determine the nature of act but can decide whether it constitute a crime in the sense of amount.Theory should be applied in practice,the 4th chapter analyzes the application of plot in judicial practice.In application of the same plot,the article points out that the same plots constitute different accusation with different circumstances.Evaluating same plot from the different perspective does not disobey the doctrine of anti-double evaluation.Application lies more in sentencing,which includes mono-plot and multi-plots.Plot is not limited to the statutory cases,it includes the discretion of the circumstances.In the application of single,the article analyzes different conditions such as stem,lenient,reduced,and exempt.In the application of multi-plots,analyses different condition such as same multi plots and the reversed multi plots.Chapter 5 is about the legislative proposals on plots of crime.Based on the foregoing chapters,this chapter analyzes mainly the application in plots by legislation.By drawing views of scholars and the experience from foreign legislation,the author proposes some legislation advice.Analyze the meaning of "plot" in General Provision of the Penal Code.Point out such a word is a confusing one.Stipulation on plots in the General Provisions in Penalty Code are much scattered and should be more concentrated. Effect of statutory plots does not comply with the judicial discretion and should be modified. Should stipulate the common agreed plots as statutory,which may contribute the unification of judiciary.While doing these,should not ignore the requirements of both.Finally,should clear stipulate the penalties reference point in the general provisions in the Penal Code,and the specific method of application of plots especially the multi-plots,which may refer to the progressive Italian criminal law system.