On An Interpretation Of The Society-Danger Theory

In order to understand why the society-danger theory get to the core status of crime law theory, We should inspect the origin of Society-danger theory in the law history. The development of criminal phenomena follows the social progress, it seems inevitably and harmful in our life. The crime directively infested our social life and orders, make impressive to people, but we should not misunderstand it, the society-danger theory just was some value-standards in people's mind. From the historical portrait, the history have given the society-danger theory specific intension; from the landscape orientation, in the same historical stage, different countrys and different peoples have their own ideas. In the western countries, from the Cesare Beccaria to Feuerbach, scholars have been inspected the nature of crime for several centuries. With the Soviet Union criminal law theory's spreading in China in the mid-20^th Century, the society-danger theory begin to enter China criminal law theory system. However, as the period-progress in contemporary China, the society-danger theory seems old-fashioned.Without a doubt, the society-danger theory has been located in the core position in the system of criminal law theories. First, the crime tatbestand was based on the theory of society-danger, in China's criminal law system, the crime tatbestand was certainly be equal to the society-danger theory, the relationship between them was very important. Second, the society-danger theory have the double functions for convict and offend too. Finally, the society-danger theory was the foundation to implement the penalty.The traditionally society-danger theory was old-fashioned and inadaptation in contemporary China criminal law system. It was so dim that it can not undertake the function of conviction, moreover, it may cause the chaos in the theory system. The other problem was the society-danger theory could not be the essence of the crime tatbestand. The last problem was how to balance the Pharisaism and the substance in criminal law theories. Traditional society-danger theory deriving from the class and government theory. We should inspect the origin of the society-danger theory so as to understand the reason that society-danger theory located the core position in the system of criminal law theories. Society-dangerous was the the same trait of the criminalities and the common illegal action, the only way to distinct them was the serious level. The scholars have been intense argument in the pass ten years. However, the society-danger theory was not fixed. We should inspect it from its ethics base, variability, subjective and objective characters, so we can quest its truth and find its really position in our criminal law theories.