Study On The Combining Concept Of Crime In China

The congcept of the criminal is the basis of the criminal law.The study of the criminal congcept is very important to the development of criminal law.After 97 criminaL code admendment, criminal law scholars increasingly concern Study of the concept of crime. The general criminal law scholars said that the concept of the crime is the combining concept of crime. The article is divided into four parts:Part one:The concept of China's mixed crime research status. There are two basic problems in the field of the criminal concept.The first problem is wether the concept of the crime is a substantial concept.The second problem is the relationship between Hybrid concept of crime and the principle of legality.Part two:The origin of the combining concept of crime. From the known history of criminal legislation,the theroy of the concept of the crime origins from former Soviet Criminal Legislation.So it is very nessary to study the history of the concept of crime is necessary.Part three:Development of the combining concept of Crime. Through the history of the former Soviet Union of the concept of crime,we could judge that the concept in the old criminal law is substantive concept of crime.Part four:The plight and solutions of the combining congcept of crime in china.The first plight is Whether the concept of social harm have the rationality of the existence.The second one is how to deal with the relationship between social harmfulness and criminal irregularity. The existence of the concept of social harm are reasonable in the article. The relationship between social harmfulness and criminal irregularity is interdependence and mutual restraint and equally important.