Study On Victimless Crime

Victimless crime is the hottest topic in Criminal Law, Criminology and Criminal Policy. It refers to the crime that is not reported to the security authorities because the litigant is willing to do it although he or she is well aware of the consequence and refuse to admit such act infringes his or her rights. In Criminal Law, if the act doesn't infringes individuals' rights or the litigant accepts the consequence out of his or her own will, such a crime which should not infringe the legal rights is defined as victimless crime.In order to have a right understanding of victimless crime, we must do as follows: abandon our conventional view of social harmfulness and western point of the essence of crime; establish the theory of legal rights infringement; repudiate conventional classification of laws as national rights, social rights and individual rights and set up a new classification featuring individual rights.The author explains the history, concept, characteristics and classification of victimless crimes in detail. On the basis of the introduction of contemporary theories, the author puts forward his own theory of victimless crime based on legal rights in Criminal Policy.In the third part, the author classifies victimless crime according to three aspects: sex, life and health, possessions. It is specified that the best solution is self-regulation and gradual promotion under Criminal Policy. In practice, the degree of crime should be taken into consideration. Minor victimless crime can be the target of non-crime in the short term; while major victimless crime can be the target in the long term.