Dialectics Of The Theory Of Social Harmfulness

The theory of social harmfulness is the center of traditional theory of criminal law in our country. And yet, scholars criticize the social harmfulness now. So the author re-comprehends the social harmfulness through meanings, functions and values. And the author views that criminal irregularity is the first factor of being crime, and social harmfulness is the second factor of being crime.There are about sixty thousand words in the paper. It is divided into three parts, including introduction, body and conclusion, starting it as follows now:Introduction: introducing the theme of the paper.The body is divided into several following parts again:The first part: the history of social harmfulness. In this part, the author inspects the history of social harmfulness in continental law system, common law system, the Soviet Union and China.The second part: the condition of study of social harmfulness. In this part, the author puts the condition of study of social harmfulness in order, from the two aspects: criticisms and defenses.The third part: the re-comprehensions of social harmfulness. In this part, the author re-comprehends the social harmfulness from three aspects. Firstly, the author re-comprehends the meanings of social harmfulness. Secondly, the author re-comprehends the functions of social harmfulness. Thirdly, the author re-comprehends the values of social harmfulness.The fourth part: the advocacy of double-level reviewing mechanism of crime. In this part, the author views that criminal irregularity is the first factor of being crime, and social harmfulness is the second factor of being crime.Conclusion: summarizing the gist, and the paper is over.