Research On The Role Of Criminal Illegal Connotation In Criminalization Legislation

The scientific and legalization of criminalization legislation is a major practical issue worthy of further study.In recent years,China's criminalization legislation has shown frequent expansion.Although most of the new crimes in China are scientific and reasonable,there are also a small number of crimes that deviate from the criminal illegal connotation to a certain extent.The criminal illegal connotation is based on the concept of substantive crime and related to the criminalization legislation closely.Therefore,the criminalization legislation should fully correspond the inherent requirements of the criminal illegal connotation.Reasonable interpretation of criminal illegal connotation can provide useful guidance and reasonable limiting effect on criminalization legislation in China.Based on its own important academic value and practical significance,this paper expounds the relationship between criminal illegal connotation and criminalization legislation,reinterprets the criminal illegal connotation on the basis of existing research,analyzes the specific role of criminal illegal connotation in criminalization legislation,uses criminal illegal connotation to examine criminalization legislation,and limits the expansion of criminalization legislation rationally,and in order to expect to provide useful reference for promoting the scientific and legalization of China's criminalization legislation.In addition to the introduction and conclusion,the full text is divided into five chapters.The first chapter expounds the relationship between criminal illegal connotation and criminalization legislation.The clear meaning of the criminal illegal connotation can play an effective guiding role in whether the behavior should be criminalized.Therefore,the basic meaning of the criminal illegal connotation should defined by logical premise firstly,and the related concepts of criminal illegal connotation are briefly analyzed,then discuss the intrinsic relationship between the criminal illegal connotation and the criminalized legislation,finally,clarifies the impact of the criminal illegal connotation for the criminalization legislation.The criminal illegal content mentioned in this paper mainly refers to the substantive criminal illegal connotation,focusing on the exploration and analysis of the essential attributes of criminal behavior.The criminal illegal content mainly includes "the connotation and essence of crime","substantial illegality" and the deep theoretical important factors affecting criminalization legislation.The inherent relationship between the criminal illegal connotation and the criminalized legislation is that the criminal illegal connotation should conform to the basic concept of criminalization legislation,and the criminalization legislation should also conform to the inherent requirements of the criminal illegal connotation.The basic concept of criminalization legislation is mainly demonstrated from the three purposes of the purpose and function of criminal law creation,the modesty of criminal law and the necessity of punishment.Based on the requirements of criminal illegal connotation,an act can be criminalized when it conforms the basic elements of the criminal illegal connotation.The impact of criminal illegal connotation for criminalization legislation is as follows:as the boundary between criminalization and non-criminalization legislation,safeguarding the human rights and freedom of the public,and promoting the scientific and legalization of criminalization legislation.The second chapter focuses on the combing and rethinking and reinterpreting about the existing theories of criminal illegal connotation in China's criminalization legislation.The view of traditional criminal law holds that the essence of crime is social harm mainly,so social harm is the main content of criminal illegal content,but the theory of social harmfulness has abstract and vague drawbacks.It is difficult to comprehensively guide and reasonably limit the criminalization legislation.From the opposition of legal interests and norms,the current academic circles are mapped to the substantive illegality,and there is a dispute between legal infringement and normative violation.However,it is difficult to interpret the criminal illegal connotation by the law-infringement theory or the standard violation,and it is difficult to provide scientific and comprehensive guidance on criminalization legislation.Since there is a lack of a single theoretical interpretation path,it should be merged and extended with the theory of legal violations and normative violations.The existence and size of the legal interest directly determines whether the behavior should be criminalized,and thus the legal interest should be the core content of the criminal illegal connotation.There is an interaction between the necessity of criminal policy affecting legal protection and criminal legislation,so it is necessary to include it in the theoretical interpretation of criminal illegal connotation.Normative theory is mainly embodied in legal norms,cultural norms and social ethics.Social ethics is the main form of normative theory.Normative theory is embodied in behavioral anti-normativeness,behavioral anti-normativeness is mainly embodied in behavior violating morality,and the nature of behavior violating morality can enhance the degree of protection of legal interests,and therefore should also include behavior violating morality into the theoretical interpretation of the criminal illegal connotation.To put it bluntly,we should reinterpret the criminal illegal connotation by focusing on legal interests and integrating criminal policy and the nature of behavior violating morality.The third chapter focuses on the analysis of the specific role of the elements of the criminal illegal connotation in criminalization legislation.For the legal interest,there are mainly influential doctrines of rights violation,wealth violation,state theory,and interest theory in history.The interest theory is reasonable relatively.If an act violates an important life interest that is worthy of the protection of criminal law,and it should be criminalized.Legal interest can become the concept of pre-establishment law,but it can not be excessively spiritual.Legal interests provide scientific guarantee for criminalization legislation based on its theoretical foundation of liberalism.Therefore,legal interest has a very core guiding role in criminalization legislation.Criminal policy has a crucial impact on criminalization legislation.For example,the criminal policy of tempering justice and strictness introduced by the state often affects the conviction of behavior in criminal legislation.Therefore,criminal policy often determines the size of the criminal circle to a large extent,and the definition of the criminal circle also reflects the basic trend of a country's criminal policy.For the nature of behavior violating morality,we should fully consider its due status in criminal law.The nature of behavior violating morality is an important factor that should be considered in some criminalization legislation that violates social ethics.Certain violations of social ethics and serious violations of legal interests should be criminalized.The nature of behavior violating morality based on social ethics is closely related to criminalization legislation.It can enhance the degree of protection of legal interests through its own existence,and then promote the criminalization of behavior.The focus of the fourth chapter is on reviewing the history of criminalization legislation in China,and examining the existing criminalization legislation in China based on the criminal illegal connotation.Through the combing of the ten criminal law amendments that have been enacted in China,it can be known that many new crimes do have necessity,and most criminalization legislation has its legitimacy.However,examining the criminalization legislation of China in recent years based on the criminal illegal connotation,we can also find the tendency to deviate from the scientific and rational nature of legislation,mainly reflected in the early and pre-intervention of criminal law and the expansion of symbolic legislation and emotional and stressful legislation.The early and pre-intervention of criminal law intervention includes the implementation of preparatory behavior and the expansion of abstract dangerous criminals.The addition of related crimes has a deviation from the criminal illegal content requirements.Symbolic legislation is often based on the emotional and value preferences of social issues,over-emphasizing the control of national security and social order with great irrationality,and largely away from the basic categories of criminal illegal connotations.The expansion of emotional legislation and stressful legislation is influenced by popular will and public opinion.It is irrational to carry out criminalization legislation while ignoring the core of criminal illegal connotation and its influencing factors.It can be said that part of the criminalization legislation in our country ignores the substantive consideration of legal interest and the tendency of criminal policy and the obedience of behaviorality.In criminalization legislation,it tends to consider more of the appeasement of the people and excessively pay attention to the control of social order.There is no inherent requirement for adhering to the criminal illegal connotation,and to a certain extent there is a deviation from the criminal rule of law.The fifth chapter focuses on the specific limitations of the criminal illegal connotation on the expansion of criminalization legislation in China.Firstly,we should limit the expansion of criminalization legislation by limiting the meaning of legal interest,and play a targeted role in the expansion of different types of criminalization legislation.The definition of the meaning of legal interest needs to be clear:legal interest is a life interest or life rights;legal interest should be related to people;legal concept does not have to be related to cultural rights;legal interest should be judged to adhere to the basic standards that can be directly touched or felt,and must not be sacrificed the core of liberalism is criminalized;the principle of proportionality and the principle of measuring interests should also be followed when determining the legal interest of criminal law.Criminal law protects only when a relatively large legal interest is violated or is in danger of urgency.Secondly,reasonable restrictions should be imposed on criminal policies,so that the expansion of criminalization legislation can be reasonably limited.Criminal policy should be limited within the criminal law system from the perspective of criminal integration.The scientific nature of criminal policy should be externally restricted through the selection mechanism and evaluation mechanism.By judging and deciding the due value of criminal policy to restrict the purpose of criminal policy necessarily,limit the choice of the lenient dimension of criminal policy,and restrict the criminal policy.Finally,behavior violating morality should also limit the expansion of criminalization legislation.By judging behavior in the context of interest,it limits the expansion of criminalization legislation.Although the behavior is ethical,it should not be criminalized if it does not infringe on the major legal interests.The nature of behavior violating morality can also limit the expansion of criminalization legislation by judging the level of ethical standards,and it is not possible to criminalize legislation that requires high standards of social ethics.The understanding of the nature of behavior violating morality should be combined with the social sufficiency,and the nature of behavior violating morality must be tolerated by the average person to carry out criminalization legislation.If there is only exist legal interest,there is no escape from social sufficiency seriously,and criminalization legislation cannot be carried out for this behavior.