| The non-ethic campain advocated by the Unite Kingdom, the United States and Germany is to delete the catalog of pure theories of criminal law, which led to all kinds of non-victim crimes, such as illegal abortions, indecent passages, adults homosexual relationships and gambling, cannot be procecuted. In China, non-vicitim crimes are still in existence extensively, while researches on this is inconsistent and superficial, and no systematic and comprehensive works has been published. The author is emphasizing on the drawbacks of the criminal law on protecting individual interests, indicating that it is ridiculous to realize the improvement of morality and the maintaining of favourable habits by relying on the punishment. Criminal law is the final defence of individual basic interests under the situation that the interests cannot be protected by other measures completely and effectively. The essay consists of four parts, the first part introduces the defination of non-victim crime by explaining the development of non-victim crime abroad and domestically, as well as the defination of victim and individual basic interests. The second part analyzes the non-victim crime which is in existence in China with the application of non-victim crime defination and characteristics. The author give suggestions on punishment exemption regarding the non-victim crime in the third part on analyzing the possibility and necessity of the exemption. The last part is a conclusion, the author reiterate his view on the necessity of punishment exemption of non-victim crime.
|
PDF Full Text Request