The Conflict Of The Category Of Crime And The Resolution

The thesis take the applied legal philosophy's primary theories and research methods as the instructions and choose the tort law, select the area of criminal law concept of crime as the research object, try a new angle of view to observe and consider the concept of crime. Reconstruction of trying to address the concept of crime mentioned in the article questions the case. From the article about the concept of criminal law, crime leads to the concept of the basic and fundamental areas of property, and further elaborated their basic relations, and ways to resolve conflicts.This thesis is divided into five parts altogether:The first part is preface. From two cases of typical start, set out in the "statutory crimes" the basic principle of criminal law and society of the dangers arising from the tension between the two cases, the social harm must not serious, it also allows us to reflect on the concept of crime in criminal law and social dangers of the conflict in question.Section 1: The concept of crime. The basic theory includes the philosophy of tort law and the individual's design in private law. The philosophy of law, along the sequence of history, in the field of research and development, has been changed from the rational to the empiricism. Therefore, as the subjects of legal relations, its design also changed corresponding. In the rational, the individual's portrait is a strong and unwise man. These men are abstract rather than concrete. Empiricism advocates the return of human nature, namely, the existence of physical and psychological factors of unity. Actually, individuals are weak and unwise. Individuals can not rely on their own strength to live. They need the institutions care.Section 2: The basic concept of crime and the relationship between the areas. Around the dangers of society and criminal law of these two basic areas, the introduction of the social dangers of controversial views and theories on social harm and social harm of a different, and thus a discussion of the characteristics of the social harm and to determine . Also introduce a criminal law of opinion and theory on the controversy, and determine the characteristics. Finally pointed out that the criminal law and social relations is both dangerous and a unified opposition. Criminal law and society is that they harm the unity of the normal relations. In general, the existence of such unity in the following two major cases: the criminal offense of sexual behavior as well as social harm, which is a status; while the other is the status of criminal conduct was neither unlawful nor simultaneously with harmful to society. Determined by the social harm, to provide for the criminal law can constitute a criminal act to a large extent reflects the dangers of society. Therefore, under normal circumstances, acts of criminal law also has a social harm, criminal conduct was neither illegal nor does it have when the dangers of society. At certain times, however, the two are mutually exclusive.Section 3: Crime antagonism between the property settlement. The second part of the opinion further deepen and specific about the main focus of confrontations between the two aspects.Firstly, the opposition from the theoretical level to start, the theory of property crime in the controversy generated by the above theory is mainly based order-based criminal law criminal law values and the values of freedom of opposition, because of one of the basic differences, so that the two have always, in theory failed to reach a unanimous opinion.Secondly, harm society and the confrontation between the criminal law also extended to the practice of criminal law, mainly in criminal legislation and criminal justice. And specific criminal legislation at approximately the performance of the opposition for the two tendencies: First, one-sided emphasis on the neglect of a criminal offense to harm society, mainly to be convicted without a crime and should not out; two one-sided emphasis on social while ignoring the dangers of criminal law, mainly from the uncertainty limits of the crime. In criminal justice and criminal law society of the dangers of conflicts mainly manifested in the distinction between, the need for criminal law and harmful to society as a common evaluation criteria. At re-with distinction in the crimes, mainly for the evaluation of the harm to society standards; crimes in which the distinction between the crime and he mainly is a criminal offense and for the evaluation criteria.Finally, social harm and criminal law of how to resolve the contradictions, fundamentally speaking, is to the concept of crime reconstruction. That is, crime is a serious breach of the order must be the treatment community or society to monitor the conduct of universality.The last part is the conclusion. The "legality" in the criminal legislation and criminal justice is a need to change the basic principles of time immemorial. However, the law has lagged behind, and is reflected in the criminal justice aspects of the performance of certain acts against society can not be convicted under the existing criminal law. And the United States, "strict criminal law, but the sentences are light," the criminal legislation is different from our country's criminal legislation with "lenient criminal law, but the penalty weight" characteristics. At the "legality" under the premise of the principle of how to punish those who are not included in the Penal Code has serious social harm of the act is a difficult issue. I think that the reason leading to the above question, is a fundamental concept of crime in our country because of the basic characteristics of the existence of contradictions, and the fundamental way to solve the reconstruction of the concept of crime and that "crime is a serious damage to social order and society must be monitoring or treatment of the universality of the behavior of society.