The Thought For Non-victim Crime Problem

In recent years, the theorists have been caring about the non-victim crime. Differ from the traditional crimes, the non-victim crime generally has some characteristics hard to find: confidentiality, desirability, and the party think that he isn't a victim. However, this kind of behavior exists several abuses unable to neglect: many offenders, enormous social influence and the evocation of secondary crime. With the emergence of non-criminalization thought, as for some non-victim crimes, every country mostly adopts non-criminalization policy for their less social hazards. But as for some behavior that has critical social hazards, every country has different attitudes on the problem if should be non-criminalization. Compared with the other countries, the provisions about the non-victim crime in our country's criminal law are less, but under the influence of its legislative trend, there is an argument on criminalization and non-criminalization of some criminal behaviors, such as drug crimes, prostitution crimes, gaming crimes and so on.Except foreword and conclusions, the thesis consists of the following five parts:The first part: the brief introduction of the non-victim crime. This part first analyzes deeply the background of the concept of the non-victim crime. Then this paper first dissects the various views of scholars on the concept, and then raises the concept and characteristics of the non-victim crime.The second part: the major types of the non-victim crime. This part introduces three major types in proper order. After the study on their legislative regulations and the controversy whether or not criminalization, it summarizes not only the legislative aspects on the non-victim crime from several countries, but also makes a pad for the below parts.The third part: the contrast of the non-victim crime between the countries. This part first analyzes its development history in our country and the other nations based on the previous part, and points out the differences between our country and the other nations. Then this paper considers the results for the differences.The forth part: the non-victim crime and the setting range of the crime. This part first proposes whether criminalization or not the non-victim crime should adopt, is a problem to set the range of the crime in fact. And there are some facts: the choice of the legislators, social hazards and the others. Then this part mainly studies the public opinion and the ethics in evaluating the social hazards.The fifth part: limited criminalization is a better choice for the non-victim crime. This part first analyzes simply the legislative situation and defects in our present country. Then this paper raises the limited criminalization is a better choice for the criminal policy of the non-victim crime. This paper thinks that we should adopt the limited criminalization, not the whole legalization and criminalization.The sixth part: the perfection of the legal legislative suggestion. This part insists on the position of the limited criminalization, and mainly perfects the suggestions of gambling and the other two types.At present, the other countries have gained rich harvests on the research and thought for the non-victim crime. But in contrast, the harvests in our country are rather limited. This paper analyzes the setting of crime and non-crime from kinds of angles, such as the theory and practice. And it raises the criminal policy of the non-victim crime.