The Violence In Chinese Criminal Law

Violence is an important type behavior of criminal, but also a very easy concept to be ignored. In this paper, comparative analysis of research methods from the basic meaning of violence, this paper analyzes the difference between violence and related concepts, discusses the characteristics of criminal law and types of violence, And combined with violence in the related a sin of some of the performance. Explicit violence in our criminal legal system In value. The article is divided into six parts: Part I is introduction that discusses the violence in China's Criminal Law Research and theoretical background, and study the meaning of violence. The second part is the connotation of violence defined. First, the authors have analyzed the common law, civil law, mainly Germany, Japan and Taiwan of China criminal law definition of violent content. Combined with some of the views of the current Criminal Law, I believe that Criminal Law refers to a victim of violence in the formation of force (psychological and physical), meaning the decision to interfere with their freedom and meaning of decisions according to their freedom of action should be subject to criminal punishment imposed by the physical coercion. Subsequently, The author has drew a distinction between the violence and coercion and other related analysis.The third part explores the characteristics and types of violence, the characteristics in terms of violence, the author features of the legal characteristics and the fact that two levels of violence in the interpretation. In the type of violence, I try to use different classification methods, the type of violence into violence and suppression against violence, direct violence and indirect violence. The fourth part is that the violence in the related a sin in performance. I turn on the crime of robbery and forced labor were analyzed, its on the object, extent, combined with practical problems encountered were discussed.The fifth part is a combination of major violence in the Criminal Legal System in the value of the analysis, Mainly discusses the violence in the criminal law for the value of the conviction and sentencing. The sixth part is the conclusion, expressed briefly in the Criminal Law of the author to study some of the views of violence, China's current criminal law theory of "violence" of this type of behavior is not enough emphasis, Violent crime for the intensity of regulation is weak, The author's aim is to cause enough attention of legislators.