The Construction Of The Concept Of Crime

In research of Chinese criminal law, due to the introduction of different research hierarchy and academic consciousness, the varied concepts of crime are proposed. In that way, when we propose the judicial concept of crime in this noisy atmosphere of academic research, do we add trouble to our academic research? But also in the very great degree , the judicial criminal concept that I say is the concept of established condition of crime, which is an old theme of conversation.,Too much worries are not resolved the problem; anyway, we have to point out what is the judicial concept of crime in this paper. The judicial concept of crime means that crime is an act that is in line with the constitution of crime and should undertake the criminal responsibility. On the constitution of crime, the article is thinking that traditional theory possesses such intrinsic rightful quality that is Monism on the value orientation. However, we can only see that what is protected or preferentially protected, in other word, legal interest or the system of legal interest. At this moment, we still cannot see social harmfulness and its degree. In this feature of criminal responsibility, the article is thinking that such consists of " serves as penalizing quality " and " penalizing quality " two respects fromthe angle of the consideration of judicature. Besides, the concept of criminal responsibility is different from its concept that we commonly acknowledged.Merely proposing and defining the judicial concept of crime yet cannot remove our worry. In other word, whether it can reply the following problems: firstly, can it promulgate the concept that have break through the concept which reveal the representative life fact? Secondly, can it find out the mechanism from form to essence? Thirdly, in righteous problem achieving of entity, can it achieve common justice under limitation of the constitution of crime, meanwhile, achieve individual justice? Fourthly, while having a doubt, can it turn back to the basic principles of criminal law?Of course, its proposing of the judicial concept of crime as the basic concept in the criminal law, should not been arbitrary. Even if it can reply the above-mentioned problem by means of myself elaborating, it is also very probably forced to "my" judicial concept of crime in order to justify oneself. Therefore, this paper must answer its logical base, its composition mechanism and its methodology base and so on. To this, the article adopts the structuralism of Jean Plaget, and utilized the comparing criminal law means; At the same time, this paper pay attention to methodology of foreign science of law, such as functional concept of law, typical method, and the discovery of legal principles.