There Should Have Been Feelings In The Theory Of Fault

What is the fault? This problem exists with mankind's societies. Several millenniums past, people illustrate it, condemns it. However, it is not comprehended in its entirety with one aspect of knowledge. The author of article considers that consciousness of human being has sociality. As soon as mentality display in the behavior form, it will accept the judge of social ethic. Standard conduct is called good. Otherwise, it is evil. Behavior incurred harm is crime. Mentality recognizing harm is fault. Crime is condemned by social ethic. Fault is condemned by social ethic. Illuminating fault of mentality is also confirmation of evil of crime.Fault is the core of constitution of crime. And it is the subjective basis of criminal liability that criminal undertakes. The theory of fault is the core of theory of criminal law. Anything of theory of fault change could torture that the whole body of theory of criminal law. In the matter of fact, the theory of fault not only reflects the basis of related criminal liability and the theory of criminal law. Its formation and development has a close relation with its coeval historical background and cultural source. Thus, any modification of theory of fault bases on specific historical conditions. If there are any sciences about the article, it is merely the frank and natural expression of feelings of author stirred by feelings of fault.Above of all, analyzed the theory of fault from three layers, the article exhibited the shortage of traditional theory of fault and the embarrassed place of feelings in view of criminal law. Secondly, to consummate the theory of fault to lay a more solid foundation, the article carried a comprehensive and thorough excavation on the coeval historical condition and cultural sources of each theory of fault lack of feelings. Third, the article explained that because the theory development and the practice need, taking feelings into the theory of fault is urgency and necessity. At last, the article analyzed the contemporary scholar of criminal law failure in taking feelings into theory of fault, and had pointed out the road bring feelings into theory of fault.