On The Harmfulness Of Crime Society

The theory of criminal law is regarded as an article, if we need select a word that can reflect the main idea of the article, the word "social harmfulness" will not consciously in our minds. Indeed, China’s criminal law theory basically are inherited from the former Soviet Union, the theory of criminal law is the cornerstone of behavior of social harmfulness, no matter in the theory of criminal law or in judicial practice, social harmfulness of undisputed importance, in criminal law fear no other can shake the dominance. 1997 is a historic year, the new criminal law abolished the existing in the old criminal law in ten years of analogy system, the principle of legality as the basic principle of criminal law. From then on, questioned the social harmfulness endless stream of ideas, the main point is that there is an irreconcilable contradiction between the social harmfulness and the principle of legality, since the principle of a legally prescribed punishment for a specified crime has been established, it should not be another social harmfulness of base oneself upon the. Don’t really like it, once in control of the direction of the development of China’s criminal law theory of social harmfulness theory has become a stumbling block? It has no value in a wink, there isn’t any significance? This article will give a response to this.First, the author is engaged in the truth and the property that the opposition is the description of the meaning of social harmfulness, and based on the social harmfulness of subjective and objective view point of view analysis that social harmfulness is the result of subjective evaluation; based on legal interest infringement and violation of the norms of said that the essence of social harmfulness.Secondly, the author discusses the relationship between social harmfulness and the principle of legality, social harm and crime constitution relationship, think social harm and crime legal principle, the crime constitution system does not exist irreconcilable contradictions and social harm in the theory of criminal law has its own position.Again, social harmfulness has a comprehensive evaluation standard system, including the productivity standard and non standard of productivity, this paper selects the conducive to social productivity development standards and public tolerance standards to should be explored to what standard to evaluate the behavior of social harmfulness has big or small.Then,social harm in criminal legislation and administration of justice in different functions, the author from two aspects of social harmfulness of legislative functions and social harmfulness of judicial function, function of social harmfulness made in detail, fully embodies the social harmfulness theory the important role played in the process of criminal rule of law.Finally, the significance of social harmfulness of crime. Social harmfulness is not only a kind of criminal law theory, has practical significance to the modification and perfection of criminal law of our country of, in the current criminal law of our country there are very few has lost the social harmfulness and debatable crime, at the same time, the society also exist the behavior of the rising of social harmfulness.