Study Of Decriminalization's Judicatre Field And Cause

Decriminalization is an important issue which should be considered over during criminal legislation and criminal judicature. It not only arouses a keen observationt in the western theory study of criminal but also start an upsurge of decriminalization study and implementation movement ,especially since the publish of "Wolfenden report", during 1957 in England and the《report of decriminalization》by the Council of Europe in 1980 . There's no doubt that China's stepping into the new era of legality building vests the study of decriminalization both theoretical and practical meaning. This essay mainly analyses the field and the cause of decriminalization judicature in china, and some study about the way of decriminalization enforcement. The essay is made of three parts : Part I an elaboration about some basic knowledge of decriminalization: eg. a sum of current situations in decriminalization enforcement in foreign countries , disambiguation the definition of decriminalization and its theoretical basis. through analysis to get the essence of the concept of decriminalization that is to base on protecting human right, mainly pointing to the conversion of crime ; and the liberalism ,the Humility nature of crime law and and the idea of protecting peple's right and interest in law ,which are the theoretical foundations of decriminalization. ; Part II an elaboration on the field and the cause of decriminalization judicature in the west :field of decriminalization judicature in west :1 decriminalization caused by change of social political and economic structure;like crimes of murdering king , playing the market and desicration;2 decriminalization caused by the diversification of human moral and society value standards and the influence of liberalism;3 decriminalization of some triviala damaging activities because of the diversification and multilayers of society controlling system; 4 decriminalization of some activities in which criminalization has no effect in the west like prostitution ,drug-related crimes. an analysis on the causes of decriminalization from reality ,personal right, personal right standards criminal culture and patterns on criminal policy.; Part III the main analysis of both actual field and in china 's decriminalization judicature and its reason. an analysis on the field of decriminalization judicature in china today and its causes which is expatiated from an comparision of reality ,personal right ,personal right standards criminal culture and patterns on criminal policy, farther ,to claim decriminalzation on such non-victime crimes like bigamy ,gambling, obscenity uncovered underage persons and euthanasia ; and damaging activities on economic fields caused by the lack of economic laws before...