Font Size: a A A

The Research About Non Victim Crime

Posted on:2009-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:J TanFull Text:PDF
GTID:2166360245995182Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This article concentrates on the discussion of the non-victim crime. In the traditional criminology and in the criminal law study research, the most crimes all have either many direct or the indirect victim, however actually cannot find direct or the indirect victim in the minority crime. Since in nearly half century, as soon as the non-victim crime appears, it becomes a quite important constituent of the non-criminal theory. But until now, the unification viewpoint has not been formed in the theory yet. Comparing to the traditional crime, the non- victim crime has been neglected because its nature. Comparing to the western nations, the legal education of our country are short on this topic until now with a few part of scholars giving some comments on it, actually also appears the different theory viewpoint and the opinion in the legislation with the judicial practice in.Discusses the non-victim crime is the criminalization or the non-criminalization, it is the question in the crime-circle actually. The paper is composed of five parts. In the first part, author has transferred the production background, and limited the concept of the non-victim crime at first. The related overseas theories and practices are introduced by the view of comparative law in the second part which builds essential foundation for the after research. The author draws the conclusion through the analyzing the appraisal factor in the crime circle in the third part. It is that we must take different treatments to different type of the non- victim crime, because of the national condition in our country. The forth part simply introduces and appraises the present research situation of non-crime in the criminal theory area of our country. In the fifth part which is the most important one of the article, the author proposes her main viewpoint that the research of the non-crime. The existence basis of non-crime should be find out from social hazards, ethics, morals, populace. After conducting above research that gets to the bottom of a matter, the author draws the conclusion: the position will not be suitable that the non-crime will have to legalize completely, also cannot the crimination completely, but will adopt the limited crimination.Through studying and distinguishing the treatment to the "non-victim crime" classification, which many make more people to know this which in the current practical life we had to faced. Using the theoretical analysis and the real diagnosis research technique, the author believes it has a lot to do in the angle of the non-victim crime. While drawing the conclusion, the positive sense could be expected to our country's legislation.
Keywords/Search Tags:non-victim crime, social hazards, the crime circle, non-criminalization, limited criminalization
PDF Full Text Request
Related items