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Tries To Understand Our Country Crime Concept Form Characteristic And The Substantive Characteristic Again

Posted on:2012-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:Z W CuiFull Text:PDF
GTID:2166330332995494Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The concept of crime is the penology system's important concept, the crime concept as our country criminal law system's important component is play the influential role in the crime appraisal process, it is also the penology and the criminology research foundational theory question. Discussion the crime concept from punishment legal science angle in this article.The crime as complex social the basic phenomenon to pass through the human society throughout, as a result of itself to the society, to the national protection order's harm characteristic, has been the behavior which each country tries hard to regulate. By criminality's superficial phenomenon, holds the criminality the essence, thus defines by the concept form it and covers the crime concept all extensions is the different time, the different national common pursue. Therefore, the crime concept takes a national judgment crime the foundational concept, in the criminal legislation, the judicial aspect is playing the influential role. Although the theorists about how to define the crime concept to dispute unceasingly, but the crime concept itself has two characteristic - - form characteristic and the substantive characteristic, are by everybody general acceptance. And has had the crime formal notion, the crime substantive concept and the crime mix concept one after another according to the crime concept's two characteristics. As a result of the historical reason, our country present age crime concept is affected deeply by the former Soviet Union, regardless of were in 1979 the penal code, after revising in 1997 the criminal law has gotten the former Soviet Union penal code brand mark. Therefore, our country crime concept is the same with former Soviet Union, has used the crime definition pattern which the form and the essence unify. However, in 1997 the penal code revision unified our country realistic national condition and the modern criminal law trend of development , was opposite the penal code has in 1979 progressed greatly. But simultaneously, after the revision by the social hazardous nature the crime concept which unified for the central form and the essence, the theorists also initiates from the different angle blamed.These blame look resemble differently, but centers on the crime concept the social hazardous nature this essence characteristic itself special attribute to launch essentially. The social hazardous characteristic takes the crime concept part and the form characteristic displays together in the crime appraisal is affecting. But because the social hazardous nature itself has indefinite and the variability, causes it to look like with the modern criminal law crime criminal law decides the principle appears is incompatible with, at this time the theorists have the sound to propose that attempts to reject the social hazardous characteristic from the crime concept or remoulds take the form characteristic as the core the crime concept to solve the contradiction. Actually this is not necessary, this article from knew the social hazardous characteristic is a starting point, based on this and carries on combing again to the crime concept's two characteristic's relations and constructs, by the breach which blames as the solution extant theorists.This article whole may divide into four parts:The first part: Mainly from overseas, the domestic two parts reviews the crime concept the historical development and the theory present situation. And mainly elaborated in our country criminal law crime concept and the rationale. In full affirmation foundation form and the essence unify the crime concept theory to the crime judgment's guiding sense premise, had pointed out under the new situation the theorists the not reasonable place which proposed to it, then indicated that this concept has the consummation necessity.The second part: Mainly elaborated the crime concept tenable two characteristics, because it is necessary to has an explicit understanding before discussion the crime concept. This not only is studies the crime concept the logical beginning but also the primes to discuss the reason which form and the essence unify crime concept receives blames.The third part: In the second part of foundation, has carried on the explanation and the understanding again to the crime form and the substantive characteristic, especially considers the crime concept the substantive characteristic-——society hazardous characteristic from two dimension , this is the key to constructs the crime concept two characteristic relations, and is the premise which blames to the crime concept now theorists.The fourth part: It is appears more simple to construct crime concept form characteristic and substantive characteristic theory construction after renew understand the crime concept two characteristic relations. To discuss that two characteristic's construction are actually discuss two characteristics in the criminal law 13 and the"proviso"which social hazardous nature derivation . And eliminates the theorists existence by this blaming.
Keywords/Search Tags:crime concept, Social hazardous nature characteristic, Criminal illegal hazardous nature characteristic
PDF Full Text Request
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