On The Decriminalization Of The Purely Anti-ethical Behavior

Decriminalization is the current development trend of international criminal legislation. However, the problem of decriminalization is related to a wide range whichⅠknow is difficult to manage. So only on the standpoint of the research of the crime of insulting corpse,Ⅰ'd like to discuss the issues of decriminalization by the angle of the legitimate basis of the root causes, advantages and disadvantages of the conditions and the extra-territorial study on the decriminalization of the purely anti-ethical behavior……The first part introduces the basis of the decriminalization of crime of insulting corpse. The object of the crime in question, Based on the protection of the interests of the law and the modesty of the criminal law,Ⅰhave reached the conclusion: the insult to the corpse which seems to be unethical and very vicious has no direct victim and no legal interests violated, should not be punished by the Criminal Law. At the same time within the scope of this article, the purely anti-ethical behavior is defined as the anti-life behavior of the traditional heresy which is related to the civil liberties but not harm others and the specific interests of others.The second part, exploring the root causes of random convicted on a purely anti-ethical behavior. First,Ⅰpointed out that the long-term legal and moral confusion by the law experts home and aboard combined with promotion of the role of ethics by the common law, led to such a moral transformation of the legal norms. Again,Ⅰam supportive of the moral and legal as the mutual independence of the different social ideologies. Finally, from the point of view of the moral relativity, the risk of moral unity, law and morality does not necessarily support each other,Ⅰcriticize the rational and moral justice to promoting the role of ethics by the common law.The third part, analyzing the Decriminalization practice of the purely anti-ethical behavior in China ,which will be met with the resistance and the conditions of its own advantages. Ancient cultural tradition of Ethics Act will face the challenge of contemporary multi-cultural and the idea of equal freedom, the reform of institutional mechanisms will also promote the change of criminal legislation and system .The fourth part,Ⅰam determined of the Decriminalization of the purely anti-ethical behavior in China by the investigation of practice of Decriminalization in other countries. AlsoⅠconcluded: the purely anti-ethical behavior such as the crime of insulting corpse should not be deemed as crimes. Through the civil tort liability law and Security Management Punishment Law,the mental harm of the relatives of the dead could be appropriately made up and the order of the social management could be appropriately maintained.PartⅤ, Conclusion. The additional crime of cruelty to animals were refuted. To resolve "moral decline" penomenon ,Ⅰrecommend to strengthen the moral through the way of guiding the community .Finally it is necessary to emphasize thatⅠknow the risks of choosing this option . Indeed, my idea does not seem to match the ethical values of the mainstream in China, people will thinkⅠam unrealistic. However, Plato's Cave remind me to express the understanding and study of this issue.