On The Social Harmfulness As The Nature Of Crime

Social harmfulness has always been the nature of the crime in our criminal law, is the core and basis of criminal law system." Criminal law" was promulgated in 1997, as the nature of the crime in our criminal law the social harmfulness of blame and criticism from many scholars, the problem of "what is a crime essence" caused wide attention. About crime essence, there are many views in the history of the criminal law, such as right violation, said profit violation, normative, violate, etc., the current of crime in our country mainly is harmful to the society and the nature of legal interests violation.The social harmfulness of the Soviet union under the influence of ideology, reflects the national standard values, has a distinct political nature and of nature; Long-term Soviet socialist criminal law the crime concept, evaluation combined with related to politics, as the nature of the crime of social harmfulness is also the essence of the concept of crime constitution. In the Soviet union in the criminal law, the social harmfulness is the essence of the standard before the crime constitution that crime. Basic took their cue from the theory of criminal law in our country, and to emphasize the core of the social harmfulness in the context of the society at that time is acceptable, but in the contemporary human rights protection into the mainstream values, compared with the individual selfish departmentalism about social selfish departmentalism, under the condition of social harmfulness of irregularity, vagueness and its innate politics determines its hard to continue to exist in the norms of criminal law field, not so much the nature of the social harmfulness of the concept of criminal law, crime is rather social concept, the nature of social harmfulness should exist in the field of criminology and play a role. And in the field of norms of criminal law, should be to modify the traditional social harmfulness, namely social harmfulness should be restricted by the specification, standard "" as invasive of legal interest, which is the essence of legal interests violation crime. In criminal law norms, should abide by the principle of a legally prescribed punishment, adhere to the concept, the form of a modified social harmfulness are limited in the crime constitution, make it play a crime in the crime constitution established the essence of the judgment, namely the level in the form and essence in the crime constitution level confirmation of a crime, the unity that as the nature of criminal law profit violation within the crime constitution substantial explanation function into full play.The text is divided into four parts altogether, the first part introduces the nature of crime related theory and criminal nature of the dispute, to question what are the criminal nature. The second part, the history and development put forward of the concept of social harmfulness, and to evaluate it. The third part, the paper analysis crime in different disciplines in the field of main body and the different connotation and denotation, and positioning as the nature of the crime of social harmfulness in the field of criminology. The fourth part, the specification of punishment law field, from solid and ought to be two angles, harmfulness to society in the form of a question (not normative) and substantive issues (crime constitution function) to discourse analysis, then put forward the method of standardization for profit violation will be harmful to the society.