Social Considerable Theory Of Criminal Law

In real life, such phenomena as surgical amputation, the execution of the death penalty,accepting a gift,gambling spots aimed at entertainment are widespread. People do not believe in the concept of what is wrong with these phenomena, but that is just and reasonable, not to mention whether it constitutes a crime. But what we are puzzled by the fact that the surgical amputation is not "harm"? Implementation of the death penalty is not "murdering"? Accepting a gift is receiving finance, it is not "bribery"? Gambling spots aimed at entertainment is not "gambling"? This shows that these acts are not "crimes"? But the answer is yes, these acts are not "criminal". This confusion leads us to think about these phenomena deeply. We need to explain in theory. This paper considers that social considerable theory can explain the phenomenon reasonably,therefore,It is necessary to introduce this theory,then has some reference to the progress on China's criminal law and criminal law theory.The first part of this paper inspects the evolution of social considerable theory. The second part explores the theoretical basis for social considerable theory, which is based on the real ration, Public recognition, protection of human rights and other basic concepts. The third part points to the judgment benchmark of social considerable theory. Based on analysis of many viewpoints,Part IV specifies the postion of social considerable theory in the system of criminal theory. Part V analysizes functions of social considerable theory. These functions are Reflected on the legislation theory,theory of explanation and responsibility judgment .The sixth part discusses the practical application of social considerable theory,China's "marital raping" is considered as a Suitable example. This paper does not support the perspective that the" marital raping" is not a crime.Social considerable theory provides us a new perspective about analysis of practical issues,the interpretation of Criminal texts and finishing Criminal law theory,its significance has yet to be realized, this is only an initial attemption.