Study On Circumstance Crime

Circumstance crime is the unique one kind of criminal type in our country criminal law. It occurs abundantly in our country criminal law. But the theory of circumstance cime has not been a good solution, especially in the standard identified of cricumstance crime. In-depth study on the theory of circumstance crime is contribute to legislative and judicial. This paper is divided into four parts. Part one is the outline which the related circumstance crime. Cricumstance is the foundation of study on cricumstance crime. Fistly we defined the concept of circumstance, to grasp the circumstance from compare to related concepts of circumstance. Secondly, the concept of circumstance crime take "crime establishment of standards". I expounded the nature of circumstance crime.Compared with the resrult of guilty, behavioral offense, perilous, act committed to interpretate circumstance crime more in-depth. Then to make the classification of circumstance crime. Part two is summarized in the relevant provisions of circumstance crime. Firstly, inducted legislative model of circumstance crime according to criminal law. Then find out the circumstance of the standard of objective, subjective and main body on legislative and judicial interpretation and problem. Part three is circumstance crime of the identified. Identified the standard of circumstance crime. Established a new standard of circumstance from subjective and objective aspect of crime. According to the differently social harmfulness and personal dangerousness, made standar division of circumstance. Different circumstance is crime constitution of different quality of circumstance crime. This is the innovation of this paper. Part four is perfection of circumstance crime. Find out legislative and judicial issues and given the corresponding recommendations.