On The Violence In The Criminal Law

As an important behavior type in the criminal law, the violence is an object specified by various countries' criminal laws. The violence has not only been enacted in the criminal law outside China's territory, but also has been prescribed in many articles of the criminal law of our country. Nevertheless the violence has not been cleared about it's limits in legislation and the theory circle also study it little from an angle of penal law in our country, even involving it, the analysis of the violence is only limited to the individual crime and involves much few general problems about violence .In judicial practice some differences exist easily when processing violent crime. Therefore, the comprehensive accurate understanding and the studying violence have the important theoretical significance and the practical value. In fact, there are many common problems in violence, such as the meaning, the characteristics, the function and the type. The article has a comprehensive analysis of the common problems about violence from the angle of science of penal interpretation, using the method of the comparative analysis, taking the reasonable things of the criminal law and the correlative theories outside China's territory for example and combining China's criminal legislation and judicial practice. First, the article analyzes the theoretical arguments of the meaning of violence and clears about the meaning, starting from the analysis of the violence outside China's territory and taking the reasonable things of the criminal law and the correlative theories outside China's territory for example. The article thus further elaborates characteristics of the violence. Second, the article discusses the function and the type and carries on the scientific classification about the violence from the different angles. Third, for accurately understanding and recognizing the violence, the article resolves the violence from the correlative concepts, such as forces, assault, injury, coercion and threat. Combining with our country's criminal legislation and judicial practice and taking the meaning of these correlative concepts cleared about the violence by the outside China's territory for example, the article analyzes differences between the violence and these concepts. Finally, according to these common problems about the violence in criminal law, the author analyzes macroscopically the legislative defects about the violence stipulated in our country's criminal law and puts forward four legislative proposals. The goal of researching the violence generally and systematically lies in providing for a general principle for the analysis of the violence of a concrete crime behavior and providing for the theoretical support for recognizing the violence in judicial practice.