Research On The Theory Of Social Harmfulness's Rationality

The theory of Social harmfulness has been playing an important role in Criminal legislation and judiciary as the foundation stone of our criminal theory. But its status has been questioned by some scholars recently. Scholars think this theory can't describe the concept of crime when it is the nature of crime. They even think it was meaningless and will cause Circular arguments that if the theory is used in judiciary. So it is necessary to explore the existence rationality of the theory of Social harmfulness and its relationship of Socialism legal society.The first part of this paper will find out the key of those disputes. That would be Social harmfulness's relationship of the concept of crime, Criminal illegality and whether Social harmfulness should be the essence of crime.The second part of this paper will analysis the he existence rationality of the theory of Social harmfulness:at first, find the birth of this theory and its relationship of the current society from a historical Angle; second, demonstrate its rationality inside from the angle of principal of a legally prescribed punishment for a specified crime and the essence of crime; third, investigate the social basis of the theory of Social harmfulness from an social angle; at last, analysis the rationality from its relationship of political and the evaluation factors of crime's Social harmfulness.The third part of this paper will link the theory of Social harmfulness to the core and internal requirements of legal society, to demonstrate that the theory of Social harmfulness has a strong relationship of our country's current Socialism legal society, and the theory of Social harmfulness takes a great part of Socialism legal society's construction.