Criminal Law Behavior Of The Concept Of Logical To Start

Montesquieu said that the Citizen's freedom mainly depended on the good criminal law. The legal responsibility is only to punish the exterior behavior. Thus the glory of liberalism, no behavior, no crime, broke through the darkness of Middle Ages. But what is the behavior? Even if in Feuerbach's system who is regarded as the father of the criminal law, there is no definition of the behavior. By now, many scholars specialized in the criminal law have established different theories of behavior, but none of them can be generally accepted by people. What is the behavior has become the Goldbach's conjecture in the theoretic field of the criminal law. As the most fundamental category of the criminal law, if the behavior could not be defined properly, the related concepts would have no solid foundation to base on and the entire theoretic system of the criminal law, especially the theoretic system of the crime would be in dangerous situation. Because of this, having referring to many books on the theory of the criminal law in different countries, the author revises some important concepts of the behavior in the theory of the criminal law by means of comparative analysis. Apart from the introduction and the conclusion, this paper consists of seven parts, 31,000 words approximately.The First part is the general introduction of the behavior theory. First, in order to avoid dilatoriness, the author has not displayed the theories of behavior in usual way, but from the methodology angle the author has summed up the different theories into the existence behavior theory and the standard behavior theory, and then made a brief comment on the advantages and disadvantages of them. Afterwards, the author proposes the approval social behavior theory and thinks that it should be defined as the bodily actions which are under the control of the freedom of will and of social significance.The second part is about the bare behavior. The concept of the bare behavior is in the theory of the criminal law of German and Japan. In China, there is no study about it. So in this paper, the author introduces the argument on the definition of the bare behavior in two countries. The author proposes his own opinions: 1. The concept of the bare behavior is different from that of the other kind of behavior which is the basis of the crime. The bare behavior is a type of fact and the basis on which the behavior of crime is discussed. The behavior as the basis of the crime is worthwhile but has not been approved in the theory of the criminal law. 2. The concept of bare behavior should be advocated in the theory of the criminal law to favor the theory of the criminal law develop well. 3. The concept of bare behavior can not be the fundamental behavior of the crime. The behavior as the basis concept of the crime should be the form of the social behavior.The third part: the harmful behavior. The concept of the harmful behavior is one of the core concepts in the general theory of the Chinese criminal law and there are still many disputes on its definition. In this part, the author lists nine different definitions of the harmful behavior, summarizes the arguments into three points and then makes careful analysis of them. The author thinks: 1.The harmful behavior differs from the criminal behavior. 2. The intention of behavior can not be confused with the intention of crime. The behavior, as the objective aspect of the criminal constitution, should not be of the characteristic of intention.3. The criminal behavior in Chinese criminal law is the objective factor and it is not suitable to define it criminally illegal and socially hazardous. Finally, the author puts forward his own view that the general concept of the harmful behavior in Chinese criminal law should be redefined. The concept of harm behavior should be excluded in the theory system of the criminal constitution and it is a sub-concept of social behavior. The harmful behavior ought to be the socially hazardous behavior, including the criminal behavior. The behavior to be the objective aspect of the criminal constitution should be the constitutional behavior as the substitution.The fourth part: the criminal behavior. The author does not pester himself by the definition and characteristic of the criminal behavior, but based on the history and the reality, the image of the criminal behavior is proposed by the author beyond the shadow of a doubt. The concept of criminal behavior is of the significance in criminal law and it is the standard and synthesis concept of the criminal behavior.The fifth part: constitutive behavior. In this part, by means of comparative analysis, the author has carefully discussed the definition of the behavior in the objective aspect of the crime in the theory of the criminal law. At first, the author makes some comments on the changes of the constitutive behavior in the criminal law in Japan and German. After the thorough analysis of the concept of the harmful behavior has been made, the author points out the problems about the behavior in the objective aspect in the current criminal theory in our country. At last, the author proposes his own idea: the constitutive behavior in Chinese Criminal law is completely different from that in the Germany and Japanese criminal law. The obvious difference is: the former is the objective aspect of the behavior, the latter is the entire behavior. The behavior as the objective aspect of the constitution of a crime should be defined as behavior. The constitutive behavior should be defined as the objective factor that the prohibition standard or the order standard in the criminal law needs, including the basic constitutive behavior and revision constitutive behavior.The sixth part: implementation behavior. The implementation behavior is the important category in the theory of the criminal law. Its proper definition is closely connected with the theory of criminal patterns and the accomplice theory. In this part, the author makes a brief introduction of the disputes on the concept of the implementation behavior in the theory of the criminal law in German and Japan. And then he makes a general conclusion of the different understanding of the implementation behavior in Chinese criminal law. The scholars in the field of the criminal law have encountered the same predicament. Based on the system of the Chinese criminal law, the author compares the theory of the German and Japan and carries on the detailed analysis of the concept of the implementation behavior. In the end, the author gives his own position of it: Both in the form and in the essence, the implementation behavior in Chinese criminal law conforms to the objective aspect of the constitution of a crime.The seventh part: compound behavior. The author pointed out the definitions of the compound behavior is in chaos. Then in view of this phenomenon, the author has found the differences and has carried on the detailed analysis. Finally, the author advocates that the definition of the compound behavior must be opposed to the sole behavior and it is the fundamental constitution of the behavior which the specific provision of criminal law requires.