A Study On The Essential Feature Of Crime

Social harm theory is the criminal law of the traditional theory. According to China's criminal theories of communication that the social harm is the essential feature of a crime, but the pass that is facing increasing challenges.Besides the introduction and conclusion, This article is divided into the following three parts:Part I: Crime and Its essential characteristics. The part of the following two questions: The first part of the right concept and nature of crime, an overview of characteristics: first, the civil law, the Soviet Union's concept of crime comparative analysis, and in Cijichushang and to define the concept of crime in our country, Dechuwoguo criminal law only in the concept of crime to the judicial sense of the concept of crime, criminal law can also be called the comments on the concept of crime. Second, the Soviet Union on the civil law and criminal nature of the characteristics of a general description, in this based on the nature of crime in China since the founding of the evolution characteristics of vertical comb process, and outlines the criminal nature of our present view of several characteristics.Part II: Crime and define the essential characteristics of the argument. This section discusses the following two questions: first on our existing criminal nature of several other characteristics of the points of dialectical analysis and discarded type criticism, come to social harm, should be subject to punishment and levels of are not essential characteristics of the criminal nature of our features. Secondly, crime in China to define the essential characteristics, that is proof of criminal law as a crime of the nature of the reasonable. The author believes that our country's criminal illegality, as the crime's essential characteristics, shall be in violation of criminal law norms refer to the property; should be subject to penalty imposed on the criminal law of nature into being, because it can make the meaning of criminal law more Kexue , extension is more circumspect. Crime in the process identified for the social harm and criminal illegal sexual relationship, I believe that standards should be identified crime is in violation of the criminal law norms, that is, acts of criminal law. Social law of crimes in the process identified only function of the crime of playing Chu, and Judgement in the criminal law after the criminal law to acts of judging the premise of the process of social harm in the conviction to play only a complementary sexual function, is a useful complement to the criminal offense of. And by the social harm that constitutes a substantive judgments into the crime system, established the criminal offense of crime and social harm in the process finds the relative position of the two-story, reconstructed the crime in our country constitute the system and make it a level and three-dimensional nature, and to the substance of a crime by the norms of care. The criminal offense of a criminal nature characteristic of the principle of legality and the inherent requirements of criminal law, reflects the free-based root causes of criminal law values; also embodies the general requirements of justice.Part III: Define the meaning of the nature of the crime. Through the essential characteristics of the crime and social harm and criminal law definition of sexual relations and, on this theoretical and legislative, and judicial guidelines, we are able to establish in criminal law theory of crime levels hybrid concept, advocated the essential characteristics of a criminal offense illegality; and we established the relative Crime Legalism. Level of criminal legislation, should insist on detailed view of the legislative concept and advance legislation; for access crime boundaries are not clear this situation, we can use to make up for judicial interpretation, because the boundaries are not clear out most of the crime is a low technological level as lawmakers created legislation and judicial interpretation of legislation has to make up for technical shortcomings of the function; of the crime out of judicial interpretation unreasonable way we generally can not be solved only through legislative repeal, amendment and enactment of a solution. In the criminal justice level, for the crime or distinction, we need to criminal law and social harmfulness as a common evaluation criteria; in this distinction between crimes and other crimes, the criminal law should be the basis of criteria; and In the lightest weight with the distinction between crime, social harm should play a major role. Details of the topics discussed by the author expect the rule of law in China contribute to cultural development of criminal law point of modest strength.