On The Theoretical System Of Crime In Our Country

Crime Number theory is the study on which the criminal law field of China and the world focused.In recent years, There is a hot discussion about crime number theory in China, and variety of perspectives coexist. These ideas and theories mainly focus on exploring the essence of several types of Crime Number theory.With the development of the theory, the dominant idea has been criticized by many scholars. So many diametrically opposed viewpoints result in the theory in chaos. At the time of the crime number theory study,the author found that few people were interested in the crime number system. Perfect crime number system will help us to grasp the number of crimes in the macroscopic theory, and the research of the crime number system is instructive. So I believe that only to build China’s crime number system can we change the disordered situation. This paper aims to establish crime number system suitable for status of China.The first part of this paper analyzes the process of the present Chinese number of crime theory. In China, the number of crime theory has experienced from the lack of theoretical foundation to learning from the Japanese criminal law to establish the theory with Chinese characteristics and then turn trumpeted Germany competing theory on the course. In this process, the dominant crime number theory was formed step by step, but with the constantly enrichment and development of the theory, and because of the exposure of shortcomings and deficiencies, many scholars believe that it is no longer able to adapt to new situation. Thus, many scholars are turning to Germany competing theory for a new way.No matter what stage in the development of Sin Number Theory, the standard to judge the number of crime and the classification of crime number forms are the important and difficult points discussing by scholars and experts. First of all, I also have analyzed some representative viewpoints about the criteria to the crime number forms, focusing on explaining the irrationality of the Elements of Crime criteria. Secondly, our current messy classification about crime number should be researched. There are so many theoretical perspectives that even "Rule of Thirds", the theory owning occupy position, have different types. But they are all classified in the absence of a clear understanding of the nature of the crime number. I believe that, in the absence of guidance of crime number system and the without proper understanding of the specific nature of the crime number forms, the classification is pointless.The second part analyzes the Japanese crime number theory and Germany competing theory of the crime number system. A considerable portion of our number system borrowed from sin number theory in Japan and Germany, so the detailed analysis on systems of the two countries is helpful to establish the crime system according to Chinese national conditions. This paper compares the crime number system of the two countries from the whole and found that they are two apparently quite different system. But in-depth analysis of them, no matter which country’s crime number system, determining the number of crime have to go through two classes and are applied to the Elements of Crime criteria, but the standard is not the only criterion for judging the number of crime. Germany competing system differs from the Japanese system on the way of thinking and the starting point. However, the ultimate goal is the same, is called the same thing.The ultimate goal to in-depth analysis of Germany competing theory and Japanese crime number theory is inspiring the establishment of a system for China. Building a perfect and clear crime number system, I believe that efforts should be made from the following three aspects:First, pay attention to the number of systems to establish the crime, not just a few questions about the classification of the crime. Second, to establishing the crime number system should correspond to the sentencing rules. Third, establish the crime ystem by the means of flow chart and hierarchical thinking. In short, the establishment of Chinese crime number system needs to absorb the common point of foreign advanced theories, combined with China’s criminal justice system. The author puts forward the concept of atypical number of crimes in third part of the paper, and explains its meaning through purposive analysis. The purpose of the thinking is that we should not analyze the concept out of the purpose. The purpose of crime number theory is to limit graft for some special forms of crime number, in order to achieve the effect of the adaptation of crime and punishment. The criteria of atypical crime number is an issue I mainly study. It is also requires a layered thinking. So I’m convinced that it is rational and scientific that the standard of number of constitution of crime used in the first stage and the essence standard used in second stage.With the concept of atypical crime number, a system include three major portions has been built. It contains typical number of a crime, atypical number of crimes and typical number of crimes. The system from the horizontal, can be seen as two yuan system, namely a crime and several crimes in which a crime including typical a sin and atypical a sin; several crimes including the typical several crimes and atypical several crimes. From a vertical perspective, crime number system is divided into two classes that is legal evaluation and sentencing rules. After the macro crime number system framework is built, I will make it clear that different crime types are placed in the new system. According to the author’s criteria, atypical of a crime contains Transforming Crime, Collection guilty, Aggregated Consequential, aggregated guilty, clauses of concurrence guilty and absorption guilty; atypical several crimes includes continuing offense,Imaginative Joinder and Implicated offense. Crime number system that I think is suitable for China completely built up.