Study Of Conduct Crimes

The concept of conduct crimes was first proposed and used by the scholars of civil law, and they take the two concepts-conduct crimes and consequential offence as a corresponding study area. The domestic researches for conduct crimes starts at the beginning of the 80s,20th century, however, their perspective is affected by the civil law, studying it as a corresponding category of consequential offence. For the decades past, conduct crimes, as an important concept in Criminal Law. Although often used by the majority of scholars and the judiciary or practitioners, its concepts, characteristics, and how the relationship with the related areas are, deep and detailed study is lacked by the theoretical sectors. And there are rare articles about the description of conduct crimes. Therefore, there is inevitably a lot of its vague, contradictory or even misunderstanding cognition. To solve the above problem, on the basis of learning widely from others strong points. This paper discusses it step by step from four aspects, aiming to put forward constructive ideas and opinions.Conduct crimes is a crime type in criminal law theory, as a crime,there certainly exists crime act,so the most important thing is to make clear the concept of act. About act, four kinds of theory are proposed, they are Theory of causal action amid which "Intentional act theory "has made scientific explanation for the behavior and make itself as a general theory. Theory of Purpose and behavior, theory of Social behavior and theory of Personality Behavior. However, it is understood from a different perspective by domestic criminal theory. Behavior can be divided in the broadest sense, the behavior of broad and narrow intentional act theory is in accordance with the narrow domestic understanding of behavior.Behavior is dominated by the subjective will of the people, demonstrated to be an objective physical movement of the body outside. It is the essential element of crime.About the nature of Illegal acts, doctrine of legal interest Infringement and doctrine of norms violation are proposed by scholars of statutory law. On the basis of them, they proposed actions worthless theory and results worthless theory. Doctrine of legal interest Infringement, as a general theory, on this basis,The essence of conduct crimes relies in acts worthless. That is, the act itself should get negative evaluation by the criminal law, whether there is damage results or not, don't care. Then put forward the concept of conduct crimes, conduct crimes refers a type of crime that do nest take emergence of harmful results as completion of the necessary conditions for crime,As long as actions (to a certain extent) are consistent with criminal Constitution of criminal law,crimes are established.Conduct crimes has its own characteristics, First of all sin can only be direct subjective intent, Second, Hazard Results of conduct crimes have possibility and ancillary. Third, behavior mode of conduct crimes not only includes feasance but also nonfeasanceThe consequential offence, perilous crime, act crime are the fundamental types of the crime too, but behavioral offence has difference and contact with them. The consequential offence and behavioral offence are concepts of reciprocal. The distinction standard between them is that an accomplished crime must take the hazarded result as necessary factors. Act crime is concepts lower of behavioral offence.The only difference is that, for act offence, as long as the behavior is embarked, the crime is accomplished. As for behavioral offence, behavior implementation must reach to a certain extent; otherwise, we can not take that behavior as crime. Perilous crime is a concept lower of the consequential offence. Comparing to behavioral offence, it needs the danger of state of statutory requirements to be appeared, instead of a behavior to an extent.