While Of The Subject Of A Comparative Study

Legitimate subject is indispensable to the content of the theory of crime.And also it is indispensable to the content of the theory of crime.According to its concept,classification and status,and continental law system,the Anglo-American law and the criminal law of our country have given different answers.Therefore,in comparison to study continental law, Anglo-American law and China criminal law provisions,the provisions of the criminal law for future perfect is very important.This paper includes four parts.The first part,comparison with mainland law,Anglo-American law currently use the concept of China criminal law,And the concept of science and rationality,and the concept of reason legitimation is scientific and reasonable.The second part,according to the monism and pluralism,it compares the viewpoint that is reasonable answer monism,And the comparison of monism view,social theory of quite reasonable conclusion.From the law,measured by allowing the danger,various social quite sex said in view of monism comparison of social rather than other said that many more suitable for legitimation of unity became according to conclusion.this paper considers that social considerable theory can explain the phenomenon reasonably.The third part,comparison with mainland,Anglo-American law continental law system,the Anglo-American law legitimated reason in the classification comparison,and find the useful part of China criminal law.The regulations on the legitimation is there a reason in our country and the necessity of the regulations,and in my thinking that under the current conditions to be provisions for the proper laws and regulations of super-described reasons.The fourth part,Compare the status of criminal law legitimated reason,trying to find a suitable for China criminal law's provisions of the legitimators method.And think now is not suitable for full absorption or transplant continental law or the Anglo-American law system of the crime.At present the most realistic and most likely is absorbed and introduce two casters negative elements,as the crime of system components of their negative.