Studies On The Activities Of Daily Living In Criminal Law

Although a large number of cases are related in the judicial practice,the concept of " activities of daily living" was not explicitly introduced and studied by the criminal law of mainland legal system until 2007.Because of the short period of time on concern, the mainland scholars on this issue are now still focusing on introduction and translation of different views and doctrines which makes the criminal responsibility for activities of daily living lack of systematic study and make the basic problems in activities of daily living unsolved and unclear.In light of the situation described above, this thesis will initially and systematically discuss activities of daily living in two parts, the definition of activities of daily living in a criminal law level and the criminal value of activities of daily living, using comparative method, data study method and case study method.In the first part, this thesis concentrates on explaining the definition, characteristic and classification of activities of daily living through the comprehensive study on different views and points by scholars in and outside on basic problems of activities of daily living. In the definition aspect, this thesis brings out its own definition instead of the usual attributes given by other domestic scholars as neutrality, objectivity and the attribute of assisting crime. In the characteristic aspect, this thesis brings out the characteristics of assisting and usual living of activities of daily living. In the classification aspect, this thesis adds one more behavior type——kind life help to the usual professional conduct and civil obliged conduct.In the second part, this thesis brings out its own opinion on the standard on the crime of activities of daily living firstly, which are composed by positive conduct out of will, initiative promoting behavior that can be assessed as assistance and objective imputation. Then this thesis gives individual analysis on special problems that may related in the activities of daily living such as single criminal and joint criminals using case study method.