Studying Problem Of Violence In The Criminal Jurisprudence

The word of violence is the most frequently used in the existing criminal norm, which can completely show the close relation between acts of violence and crime. In the daily life the crime using violent means causes a serious threat to safe of people's life and health and property, impacting the stability and development of society. Although the traditional violent crime had not been an object of study for criminal jurisprudence but criminology, many scholars still paid close attention to various problems about violence. The beginning my thesis expounds various issues of violent problem at home and abroad. Then the word of violence in criminal norm is explained. Based on former scholars' studies, the author systematically researches on basic theory problems of violence and discusses many disputable issues, finally brings up his viewpoint and conclusion.Part one is our criminal norm that involves many words of violence. I discuss the problems of violent crime and violent means in the criminal norm, and explain the violence's meaning. The author thinks that the violence's essence is just forcing, through carefully analyzing the characteristics of the violent norm and absorbing the reasonable part of some scholars' research studies. The subjective and objective elements of violence are recognized and determined, the concept of violence is clearly defined.Part two is about essential characteristics of the violence. Based on violence's concept, the core of violence is just the character of forcing, and the extent of violence in various clauses is different. The difference can provide a basis for somebody committing a crime or not. Following the different forms of expression of violent means is researched through that is classified.Part three is the important significance of violence for convicting and measurement of penalty. The value of convicting comprises three parts of violence for elements of a crime and transforming crime and problem of several crimes. Then violence's significance for sentence is what it influences for measurement of penalty, which includes both law and facts. The two parts completely show violence's complete value in trial process, and also reflect the important significance to judicial practice.