The Location Of Crime Obstructed In Our Criminal Law

The crime obstructed is the series of acts that are not constitute crimes such as justifiable defense, act of rescue and so on. They are investigated not with in the constitution of crimes in our theories of traditionally criminal law, and we prove that they are not crimes not in the point of view of constitutive elements a crime,but in the angle attribute society harmfulness. But in Continental law system or Anglo-American law system, the crime obstructed is studied with in the theories of constitution of crimes, which means that the reason that they are not crimes is in the point of view of constitutive elements of a crime. Establishing principle of a legally prescribed punishment for a specified crime, the constitutive elements of a crime stipulated in the criminal law is the sole legal basis of conviction, so we ought to research them in the angle of constitution of crimes. Based on our current theories of constitution of crimes, in this thesis, the author detailed studied the series of acts both prescribed in the criminal law and wide-recognized in the academic circles, basis the constitutive elements of a crime stipulated in the criminal law is the sole legal basis of conviction, and with substantial interpretation proved that the location of crime obstructed in our criminal theories.The thesis is composed of four parts with 20000 words approximately.Part 1:A brief account of the crime obstructed. This part discusses the concept and the character of the crime obstructed. Put forward a new terms:the crime obstructed, and this term has merit. The theorists and the Judiciary of our country's Criminal Law have controversial on the location of crime obstructed in our criminal theories.Part 2:The location of crime obstructed in foreign country criminal theories. But in Continental law system or Anglo-American law system, the crime obstructed is studied with in the theories of constitution of crimes, which means that the reason that they are not crimes is in the point of view of constitutive elements of a crime. And discusses the location of crime obstructed in foreign country criminal theories with reference to the value of our country. Part 3:In this section, the authors draw on a basic classification of the Penal Code, which divides crime obstructed into one formulated expressly and crime super regulations subject of this negates, and expounded them location in our criminal law.Part 4:The location of crime obstructed in our criminal law. The author consider that since all the crimes obstructed ought to be studied within the constitution of crime, the relation between the theories of crime obstructed and the theories of constitution of crime ought not to be coordinate or parallel, but to be including and included. We should substantial interpretation by interpretation of its precise location.