Illegality Of The Japanese Criminal Law Theory Of "punishment"

As a basic model, the Criminal Law formulates all kinds of crime forms, this is no doubt in all of the country around the world .What is the difference in legislation are the various types when we defined the behavior. Among sorts of problems, we face one which we can not withdraw, that is the petty crime. Can we impose punishment on these petty crimes or the slightest minor offense? As far as the question is concerned, the various forms are adopted by different country to cope with the petty crime and sorts of methods are brought forth by the scholar in criminal field in the same time. When a behavior is regarded as crime, it needs illegality to some extent. But what kind of illegality extent is needed has made our mind drained. It has been testify that the petty offense are always been announced as innocence according to the theory of culpable illegality in Japan. So do china, it embodies as follows: proviso in general provisions and whether circumstance is rather serious, the amount is relatively large in sub provisions. Because the standard of judgments of No. 13 in Criminal Law is not as conspicuous as that of the theory of culpable illegality in Japan. What I attempt to do is that: whether these means of copying with the slightly petty offense have a common theoretical basis, whether the proviso can enjoy the judgments standard of the culpable illegality. These are the goal of the paper.The paper can be divide into four parts :I The definition and theoretical basis of the theory of the culpable illegality.In this part, I present the definition of theory of the culpable illegality from a historic view. And in the meanwhile, introduce the theoretical basis of it as follows: restraining the Criminal Law, illegality in essence, relativity of illegality. So it has reasonability in itself.IIA review on theory of the culpable illegality in history.I introduce some leading views about theory of the culpable illegality in Japan. Among these views , some scholars agree that the theory is correspond with the principle of restraining the Criminal Law , some reject it and regard it as needless . At last, I appreciate the theory of the culpable illegality and bring forth my own viewpoints.III The judgments standard of theory of the culpable illegality.In order to testify the standard of judgments of No. 13 in Criminal Law is not as conspicuous as that of the theory of culpable illegality in Japan, I view the judgments standard of the theory of culpable illegality is concrete, and explain the judgments standard of it.IV Some viewpoints about the proviso.In this part , I regard the proviso of No. 13 in Criminal Law is reasonable through research the soul of Criminal Law in the history . In addition, the proviso can enjoy theory of the culpable illegality because they have a common theoretical basis. So, as far as I am concerned, the proviso can use the theory of the culpable illegality as theoretical basis and enjoy the judgments standard of it . Through done like in this way, can we compensate the theoretical blank of the proviso and make it more conspicuous. This is the goal of the dissertation.