Research On The International System Of Constitution Of Crime Theory

There has long been a dispute about the system of constitution of crime theory which is the core of the system of the theory of crime or even the base of the total system of the school. What we have done until now is seriously limited to various comparisons among legal systems, lacking a brand-new international view. The creation of"the international system of the theory of crime"and"the international system of constitution of crime theory"can remove this great pity and benefit further study.The main method in this paper is integrated study. Firstly, the author studied some representative works of international criminal law and found that the relative doctrine was limited, and all sorts of theories are fragmented and disorganized. The representative system abroad although has reasonable basis, yet it is designed imperfectly; the domestic system is closed to international practice, but it is not clear, fixed and reasonable; both of foreign and domestic system lack dominant ideology. And then, the author studied the rules of some international criminal courts and found that the international rules can not equal, display or decide academic system, but provide legal elements for international system research. Thus, empirical research is the best method for designing scientific system. Thereafter, the author analyzed the typical judgments of the International Criminal Court, the Former Yugoslavia Criminal Court, and the Special Court for Sierra Leone, and created the international system of constitution of crime theory. Finally, the author got the conclusion via integrated study, namely"the international system of constitution of crime theory"is compound and staggered, which is decided by the particularity of international justice.The main innovation of this paper is the usage of empirical research method, and the conclusion will fill the gaps in academic and benefit further study.