Circumstances To Commit

Circumstance crime refers to one kind of crime stipulated in thespecial provisions of criminal law, which is required of "seriouscircumstances" as the constitution of a crime. In the view of the criminaltheory at home and abroad, Circumstance crime is one kind of crimeadvocated specially by China, to which is paid great attention by boththe fields of criminal theory and judicial practice. The comprehensiveand the thorough research on circumstance crime is of major importanceto the betterment of the theory of forms of crimes and the promotion ofcriminal justice and criminal legislation. This article attempts to take thefollowing two basic concepts: circumstance and the circumstance crimeas the logical beginning, analyze some questions germane with thecircumstance crime, and elaborate the value, as well as the deficiency ofcircumstance crime, based upon which the author proposes somesuggestions of enhancement so as to promote the furtherance of theresearch on the theory of the circumstance crime.With approximate 30000 words, this article is divided into fiveparts.The first part is on the basic category of circumstance crime. Tobegin with the two basic concepts: circumstance, circumstance crime,the author analyzes the merits and demerits of the abovementioned twoconcepts in the current criminal theory, on the basis of which the authorputs forward a scientific definition. On the ground of the scientificdefinition, the author expounds the nature and characteristics of thecircumstance crime in details.The second part is on the relationship between thecircumstance crime and the criminal constitution. This part mainlyelaborates the relationship between circumstance crime andfundamental commencement of the criminal constitution: the principleof legality, as well as the relationship between circumstance of a crimeand criminal constitution, and concludes that circumstance crime does not disobey the principle of legality, however, circumstance crime is anecessity.The third part is on the subjective aspect of crimes and formsof crime circumstance crime. This part discusses mainly the subjectivecrime and forms of crime. In this part: the subjective crime, the articleelaborates the point of criminal intent and criminal negligence .Byanalysis the author puts forward that the subjective aspect ofcircumstance crime does not include criminal negligence, and notcriminal intent.The fourth part is on the existence and the value ofcircumstance crime. This part analyses the existence and inexistence ofcircumstance crime and concludes that circumstance crime is necessaryin the criminal theory. Furthermore, analyses the value of judicialpractice and criminal legislation.The fifth part is on the legislation betterment of circumstancecrime. Firstly, this part analyses the deficiency of circumstance crime,Secondly, the author puts forward some suggestions on legislationthrough thorough analysis.