The Implementation Of The View Of Standards Found Guilty Of Chinese Criminal Law Theory

Whether in a separate crime or common crime, the implementation of guilty are the most noteworthy of the perpetrators.Chinese traditional theory of criminal law is often defined from the position of the form of the implementation of committed.But in recent years, With countries such as Germany and Japan have committed to implement the theory to define the wide dissemination in China,Some scholars claim scholars from a substantive point of view to define the implementation of offenders,In particular, advocates from the fact that the perpetrator of the crime control perspective to define the implementation of guilty.In my opinion,The reason why countries such as Germany and Japan from a realistic point of view to define the implementation of committed,in order to fit the crime and the pursuit of.From the realistic point of view to define the implementation of guilty,although not wrong, but if not consider the implementation of the formal stereotyped behavior characteristics.As defined in the implementation of the basic amount to committing the role of classification obtained using the main culprit. Taking into account China's criminal law provisions on the total of prisoners,I believe that in our country should not be used directly, such as the fact that dominant theories of crime committed in real terms in the implementation of the theory.In this paper, the introduction of "form-in real terms" and "subjective-objective" two pairs of areas,Made to adapt to China's criminal law theory and found guilty of criminal law,the implementation of standards, and used the standard criminal law in the contentious issues have been given.