Research On The Objective Conditions Of Penalty

97 Criminal Code provides for a number of subjective sin is not clear crime. In theory circles, criminal law scholars in these crimes sin is divided on the issue, and considerable controversy. This is bound to lead to the judiciary and the staff, during the actual operation of confusion and affect the unity of the judicial order, which also goes against the principle of fairness and justice, it is necessary to thoroughly investigate such crimes sin forms. The author believes that the controversy generated important reason is that the theoretical circle long denied the existence of the objective conditions for punishment, punishment will be the objective conditions are seen as the result of the Penal general provisions 14 and 15 of sin evaluation and significant "danger to society results" . Since China's criminal law has emerged in the objective conditions of the legislative punishment cases, the theoretical circle should face up to its existence, and its results of discriminating against, the problems will be studied with the need.This paper is divided into four sections. The first part of the article to the crime of illegal lending as an example of the introduction discusses the need for objective conditions punishment.in illegal loans crimes sin has been diverse in form, considerable controversy, which is deliberately subjective sin, fault or is a compound sin? Scholars of the problem is a different answer, why is that the crime of sin in the evaluation of the significance of the outcome of the differences appeared on the judgment. Penal GENERAL PROVISIONS Article 14 provides that: "knowing that their actions would result in a danger to society, and I hope that this result occurred, or laissez-faire, which constitute a crime is intentional crime." Criminal Law Article 15 states: "It should be predictable their behavior may result in a danger to society because of negligence not foreseen, or has been able to avoid the predictable and credulity, the outcome of the result, this is the fault of crime." Any acts will harm caused damage to several results, but the results are not any sense of sin evaluation results. Then the Criminal Code 14 and 15 provided "a danger to society results," specifically referring to? Evaluation of sin in the sense of "danger to society results," there will be differences in sin judgment naturally drawn different conclusions, the controversy triggered a sin. For example, in the crime of illegal lending, "a danger to society results" is the "destruction of the order of the financial loan," or "heavy losses"? I believe that here "a danger to society results" with the specific contents of the criminal law against the results should be unanimous, therefore, the results also identified hazards found guilty evaluation and significant "danger to society results."According to the outcome of the definition of harm, harm is the result of criminal acts against the reality of the object causing damage. Evidently, the offense clearly illegal loans object is to identify the criminal offense of endangering the results, judge sin premise. Qualcomm said that the general will be the object of the crime is defined as protected by China's Criminal Law was violated by the criminal acts of social relations. Any violations of the criminal acts of social relations is not only one, and the object of the crime can only be a direct criminal acts, violations of the inevitable for the protection of China's Criminal Law of the social relations. China's "People's Republic of China Law on Commercial Banks," "Loan General Clauses" and other relevant laws and administrative regulations on the principle of issuing loans, conditions, procedures, as well as the eligibility of the borrower, the loan interest rate, duration, and so made a more comprehensive provisions. Once the perpetrator in violation of the law, administrative regulations, loans, these laws and administrative regulations, which are protected by the country's financial order, it is bound loans directly against the reality was. But the law does not necessarily grant loans of financial institutions in violation of state ownership of property, even if violations of the country's financial institutions to the ownership of property, can only be indirect violations. Therefore, the crime of illegal loans should be the object of crime loans for the country's financial order. Meanwhile, according to the crime of illegal lending in the sub-owned offense that the system can also be the object of the Crime loans for the country's financial order.Since the object of the Crime loans for the country's financial order, and crimes against the results of the reality of the object causing damage. Therefore, the crime of endangering the results as "loans to the country's financial order caused damage to the reality." As with the professional knowledge and skills of the banks or financial institutions should be aware that the staff of course, when their illegal loans, the country's financial order at the same time have been violated loans, loans to financial order by the damage, the perpetrator is obviously subjective a knowingly mentality. Accordingly, the offense shall be guilty of deliberately subjective (including indirect intentional). I believe that the offense of "significant loss" is not a sin to judge the significance of the results, but should be understood as the German-Japanese criminal law penalties the objective conditions.This chapter details the second part of the German Penal Code introduced in the objective conditions of punishment. First, introduced its theoretical basis and produce. Objective conditions punishment is the theoretical basis of the German Penal Code, in theory be fined. Generally speaking, a crime in Germany, Japan system, when a behavior consistent with the elements of the offense, when it is the responsibility of a can of impunity. However, in some cases, certain conditions have also asked if it is a criminal can be fined, or have some of the exclusion of certain conditions in other acts that will lead to the conditions can be fined, said that these conditions the penalty for the other conditions, the objective here is the punishment of other conditions can be fined one of the conditions. The objective conditions for the formation of punishment is mainly based on criminal policy considerations. Secondly, the objective introduced in the civil law countries penalties conditions of the legislation, characteristics and objective conditions and penalties against the outcome of the distinction. Objective punishment following are the main features of conditions: objectivity, statutory, independent entity, addition, it embodies the criminal law of Modesty. Objective conditions and penalties against Although the results are to shape the outcome of the existence of a certain degree of similarity, but it is fundamentally different from, it is necessary to clarify the relationship between them. Specifically, the distinction between the two main embodied in the following four aspects: First, different from the object of prejudice; Second, and harm the relationship between different acts; three in the conviction and sentencing of the two is the role played by different; Fourth, it is both "objectivity" has different connotations. Finally, on the objective conditions punishment of a crime in the civil law system in place. Objective conditions in the punishment of a crime in the civil status is a controversial issue, the issue civil criminal law scholars are the three major points: the subject that it negates penalty punishment, the establishment of the elements of crime and crime reduction said that the establishment of an independent element. Three theories bone of contention in two aspects: First, how to look at the relationship between crime and punishment; Second, the objective conditions of the real role of punishment.This will be the third part of the objective conditions for transplantation punishment constitute a crime in China to conduct a feasibility analysis system. First of all, Germany and Japan to China and a system of criminal conduct comparative study found that the two systems is actually a crime using the same "material" or the "element" of building a different system to identify crime and model.First, the two constitute a crime in the identification system on the path to crime are different. This difference reflected in the following: First, a system of civil law to the crime is a progressive logic structure, and composition of the existing system is a crime coupled - logic structure. The former crime that is taken by the exclusion law, which takes the integration method; Second, the German-Japanese criminal system is a value judgment and the judgment of the facts of separating ideas, and our criminal system is a fact that the value of centralized ideas. Such differences rooted in the East and the West in the nation's culture and thinking different: First, the Chinese nation's way of thinking is holistic, integrated, fuzzy, the characteristics of intuition, loving Folio-style narrative technique, especially Western nation German heavy logic and rationality; Second, Germany and Japan constitute a criminal system actually contains, since the 18th century has been quite popular in Europe facts - the value of binary phase separation idea, constitute a crime in China under the facts value system integration ideas coinciding with the Chinese general and vague and inclusive way of thinking big in line.Second, a system of the two major elements of the crime corresponding analysis. Despite two major crime constitutes system provides two different criminal identification system. However, in either criminal identification system, which can not be the object of evaluation of the lack of the object, ontology acts, actors, four basic sin in any one area, otherwise such a criminal identification system is barbaric, and the Modern divergence of civilization. Specifically, the system contains two common elements of the evaluation, such as actors, behavioral targeting, the subjective act, the result of acts, acts of time and space, and ways and means. It can be said that the Two Schools with the same "material" or the "element" Construction of different criminal identification system and model. In civil law constitute a crime in the presence of elements of a crime in our country still can be found in the system with the corresponding element of this system on the two major elements of a crime between the correspondence carried out a detailed analysis. That being the case, then civil penalties under the objective conditions in our penal system should be in its natural to go in it.Second, First, demonstrated a system in our country to introduce criminal penalties objective is not contrary to the objective and subjective conditions for the unity principle. Secondly, the introduction of an objective analysis of China's practical conditions Punishment: First, to the Criminal Code that exist in sub suspect sin provides a solution; second is to narrow the scope of action of criminal law, criminal and ease our limited resources of the judiciary among the increasingly conspicuous contradictions. Third, the punishment of objective conditions in the penal system in China's position. The author believes that punishment should be the objective conditions as distinct from the general conditions that constitute an element of the special elements of a crime placement system, specifically Add under criminal objective elements.Finally, in his conclusion, a summary of the text, and proposed penalties will be objective conditions after the introduction of China's Criminal Law should also continue to explore the relevant issues.In this paper, the innovation and inadequate. This innovation is embodied mainly in two areas: first, by analyzing hazards result, sin and crime the relationship between the object to identify illegal loans crimes sin. Long words, the general provisions under the Criminal Code section 14 and 15 the provisions of the act should be "a danger to society results" as a sin judgment standards, through analysis of the crime can be drawn here, "a danger to society results" content is the same with the results of the hazard. Against result is the object of the crime caused damage to the reality, therefore, can be drawn, we should act on the perpetrators of the crime the reality of the object causing damage to the judgment of sin standards this conclusion. In this paper, in this analysis ideas, that the crime of illegal loans for sin deliberately. Second, the penalties in the third chapter of objective conditions in the feasibility of localization through Germany and Japan to China and the two constitute a criminal system, a system that the two major crime while providing two different paths to identify crime, but all the evaluation includes a common factor - the common elements with different Construction of the system. Accordingly, the German-Japanese crime under a system of objective conditions in China's criminal punishment system in a natural position should be one of the seats. The shortcomings of this paper is that the objective conditions punishment theory involving deep-seated disputes, and the author of academic ability is limited, some perspective on the fear is biased assessment, it is inevitable there are drawbacks in the locations you academics, colleagues comment correction.