Font Size: a A A

The Anti-value Results In The Vision Of Our Criminal Law

Posted on:2012-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y R XinFull Text:PDF
GTID:2166330335963382Subject:Law
Abstract/Summary:PDF Full Text Request
The theory of social detriment is a traditional theory in criminal field of China that used to judge the illegality of the act. Theory of constitutions of crimes is the specific forms of theory of social detriment. One of the theories of constitutions of crimes the object of crime is the most intuitive forms of the theory of detriment of society. There are many researches about the object of crime. What is the object of crime? Many people don't agree with the view see the object of crime as some social relation, they think the object of crime should be seen as legal interests which is protected by law. This view reference the theory of illegality of law from Japan and Germany. With the development of the theory of illegality of law, the people who agree objectivism of criminal law advocate that the damage of law interests is the result of crime. It's means that the basis of illegality is the bad results. The theory of that called anti-value results which is contrast with anti-value acts. The debate between anti-value results and anti-value acts has continued many years and it also not exist in China because our criminal theory is not be divided into tow parts about illegality and responsibility. Now, many scholars study theory from Japan and Germany, they introduced theory about anti-value acts and anti-value results to our country and claim we can use these theories in our judicial practice. Gradually, there are many debates appear about anti-value acts and anti-value results. Now, we can not avoid to discussing this debate when we want discuss something in theory of criminal. This paper will during the delimiting the meaning of the object of crime to introduce anti-value results. Analyzing disadvantages of anti-value results and suggesting integrating the anti-value results by using anti-value acts. I hope that this paper can help our theory of criminal become perfect. First, this paper will introduce the theory of object of crime. Enumerating the performance of object in criminal Law and summarizing main points about meaning of object of crime. Explaining the relationship between the object of the crime and interests of law to explain the relation between theory of object of crime and the theory of violating legal interests, then begin the think about the anti-value results.Second, the paper will introduce the beau, position and the way of judging illegality of acts of anti-value results and analyze the disadvantages to pose proposes to make anti-value results better.At last, paper will make anti-value results and anti-value acts become one theory called dualism by re-explaining the meanings of the law interests. Then expound the structure of dualism and show the consistency and the significance of the theory to our theory of crime.
Keywords/Search Tags:the object of crime, interests of law, the theory of violating legal interests, anti-value results, dualism
PDF Full Text Request
Related items