Perilous Research

As a comparatively abstract problem, perilous crimes will seem comparatively complicated while crossing into the other criminal law questions. The constitution of crime, the classification of the crime, the suspended state of crime and such issues, are unavoidably to involve the theory of perilous crimes. Continent law department criminal law theory is comparatively riper in study on this problem, a lot of concepts of perilous crimes in our theory ,such as actually damage crimes and perilous crimes, concrete perilous crimes and abstract perilous crimes, have all drawn lessons from the corresponding research results of the criminal law theory in Japan and Germany. Because the Chinese and foreign criminal law theory have difierence of a certain degree from the understanding of the essence of crime to the framework of the crime system, the corresponding meaning under the theoretical system of criminal law of China is necessary to study. This selected works select perilous crimes as the research object, through the research of the concept and the classification of perilous crimes, the relation with relevant concepts; aim to contribute a bit to promotion of theoretical research. The thesis is composed of 3 sections, over 31,000 words: Section Ⅰ: Have originally introduced the Chinese and foreign scholar's understanding of the legislative value of perilous crimes, namely for better protection law interests, legislator will criminal law punish range from actually damage crimes to the behavior of possibility to have to expand to actually, thus realize more overall protection of the society. Introduce continent law department criminal law scholar and of our country criminal law scholar's different views of perilous crimes secondly. Analyses objectively the theory of legal interests and the social harmfiilness theory, I choose the former as theory prerequisite of this text This section refutes the saying of "establish" and "accomplishment" especially, and explained the reason to stand the saying of "punishment foundation". This text thinks not only the saying of "establish" and "accomplishment" are insufficient to exist in theory, but also too scarce to reflect the legislative value of the perilous crimes. Only according to the saying of "punishment foundation", can we explainwhy stipulating perilous crimes will realize more overall protection to the society of criminal law. Originally some end, the views of denying the theory of perilous crimes are introduced, and give the corresponding evaluation and analysis.Section II: At first are the various kinds of classification of perilous crimes on science. Then it is concrete to describe especially the classification of concrete perilous crimes and abstract perilous crimes. To how distinguish them have different opinions with the scholars. This text thinks the difference lies in: The danger of concrete perilous crimes is a category of the result, but danger of abstract perilous crimes is a danger of the behavior. To having view that the scholar denies the dangerous result, it is unreasonable to deny precarious position's attribute of the result The danger of concrete perilous crimes have realities, accord with the fruit characteristic demand , therefore the one that deny The danger of concrete perilous crimes that makes fruits attribute is unreasonable. Meanwhile, danger of abstract perilous crimes should be interpreted as the danger of behavior, it is different from the danger of concrete perilous crimes, can only be regarded as the attribute of behavior.Section Ill-.htroduce the relation with relevant concepts. First is the relation with behavior crimes and result crimes. This text adopts the definition of behavior crimes and result from the accomplished angle. Because this text thinks that the danger of concrete perilous crimes is a category of the result and danger of abstract perilous crimes is a danger of the behavior, it is a natural conclusion that concrete perilous crimes are result crimes and abstract perilous crimes are behavior crimes. Then is the question of the relation of perilous crimes and suspended crimes. This text thinks it is reasonable to interpret suspended crimes as abstract perilous crimes. If interpret suspended crimes as concrete perilous crimes, it will make the discontinuance of the abstract perilous crimes as concrete perilous crimes. And according to theory and practice of the criminal law of our country, "impossible crimes" can be fined, so in our criminal law, there is not corresponding problem in Japan's criminal law theory. It is not necessary to limit the punish range, in case that it would include in the "impossible crimes".