Initially Probing Into The Criminalization's Concept

Criminalization is a popular word in the recent years, the criminalization, for the most common,general level, is that one kind of severely impaired society's behavior is considered the crime to punishment, Namely, penalty is carried on to deal with this kind behavior of damaging the social benefit, to prevent this kind of behavior to be done again, to keep the social under normal conditions. But, some questions is worth causing the people further to think deeply about, following, what is the accurate meaning of criminalization? Which type of historical origin does it has? What significance for us to understand the crime does it has?Firstly, probing into the meaning of criminalization, we have to knowledge of the accurate understanding of crime. The crime may be made the different understanding according to the discussion topic. Generally, we recognize the crime from the formal surface and the substantive surface; The crime is the behavior which violates the criminal law and has the serious social hazardous nature, and receives the penalty punishes. The punishment legal science and the criminology, as well as other subjects all take the crime as own object of studying, thus different subject criminal meaning is whether identical, as well as among them what relation is? The people proposed all sorts of views on this, but have not been able to find among throughout them to relate intermediary. Through the analysis, the concept of criminalization is a bridge which one communicates with the others, and the concept of criminalization for criminal legislation,judicature, and for the criminology and the criminal law study fundamental research all has the extremely important significance. Based on the analysis of the existing the concept of criminalization, we propose that the concept of criminalization is referred to, the criminal phenomenon change,develop process, which subjective reflection in people brains, this kind of subjective reflection through each different time criminal activity legislation officially manifest; Simultaneously also can realize through the criminal judicature activity. The concept of criminalization itself is a contradictory entity, this kind of contradiction has reflected the complexity of social life.The concept is moving, changing, developing. The concept of criminalization also has a gradually clear process, it contains a process the abstract concept rising to the concrete concept. In the criminal classical school, the criminal positive school, the criminal modern school, the concept of criminalization has itself characteristic respectively, and at last develops the final model meaning.The concept of criminalization has great value for us to know criminal phenomenon,criminal legislation,criminal judicature.