The Economic Analysis Of Crime And Punishment

Any criminal theory must give a reply to two questions as follows: (1) What kind of behavior can be defined as crime? (2)How to punish the crime? The article will expound a system of economical theory on crime and punishment according to the two questions above and compare the theory to the traditional criminal theory. The article will revelate that the economical theory on crime and punishment will be a successful example to applying the economy-analyzing method to the non-market field.Chapter one of the article will mainly discuss the defect of traditional criminal theory. A large number of traditional criminal questions and concepts, for example, criminal intention, intent and blame, premeditation and impulse, the restriction of criminal subject, quotatition obligation and proof criterion etc. All the questions can get a further explanation. Moreover, comparing to the traditional criminal theory, the superiority of the economy-analyzing method can lay a proper foundation to distinguish tort from crime.Chapter two of the article is mainly about the economical analysis of crime. The model of crime action can simply give us a conclusion about the condition of committing a crime: the expectation benefit exceeds the expectation cost. As for the potential offenders, the expectation punishment cost is equal to the prodution of punishment probability with seriousness of punishment. The social crime cost is different from the expectation costs, the latter is the costs of which the offender beard for preparing and implementing crime, the former is social costs accused by that crime. The economical aim of the criminal law is to minimize the social costs of crime. The social cost is equal to the social net loss plus the social costs of prevention.Chapter three of the article will mainly discuss the theory of punishment-overawing. Since the economical aim of criminal law is defined as minimizing the social costs of crime, the best overawing to the crime should search the balance between the social net loss of the crime and the costs of prevention. According to this, the article confirms the best overawing modal about the prevention and punishment of crime and the best combine-modal about the confirmation and severeness of punishment. Moreover, Chpter three will discuss the defect of overawing theory.On the basis of discussing the theory of crime prevention, Chapter three supply a kind of economical explanation for the preparation for crime, the attempt of crime, thediscontinuance of crime, recidivism, probation and parole.Chapter four of the article will take the example of anti-drug and revelate the specific appliance of crime and punishment economics. Many economists consider that anti-drug and the increasing of durg price caused by anti-drug can not make the druggers decrease their consuming of drug. In reverse this will make the druggers commit more crime to obtain more money to maintain their consumption of drug. So the main reason of conusumption of drug causing crime is criminal punishment raise the price of drug to the level which the druggers can not afford (so as to buy drugs with the income of crime), and the drug producers and salers are forced to performe contracts with using arms instead of ledgl actions.Chapter four will make comment on this viewpoint.