Crime Was Established Theory Of Comparative Analysis And Reflection

Related crime established theory has been the most intense part of the criminallaw theory in the general criminal law scholars discuss. China the new China wasfounded, would constitute a crime in the Criminal Law in the Soviet Union before thetheoretical system is introduced into the Criminal Law of China, and later continueddevelopment and improvement of crime constitutes a system with Chinesecharacteristics, and has been in use ever since. The early1980s, China’s criminal lawscholars of this theoretical system of some questions, which mainly reflected in theelements should be how to set up and divided. Development in recent years, criminallaw scholars on China’s traditional crime constitute the four elements of the systemwith the civil law system of criminal law in Germany and Japan as the representativeof the Constitutive Elements in-depth discussion and comparison.Scholars on the established theory of crime is mainly divided into two groups:school crime, consisting of four-element system, represented by advocates of thecriminal law should adhere to the traditional four-element system; while those whocriminal law of the civil law countries such as Germany and Japan, represented byrespected should abandon the old and insisted the new theory, the introduction of twoclasses or three classes elements theory. In this regard, I support the latter view.Admittedly, the traditional four-element system has on our fight against crime andother acts against the relevant legal interest no small role, maintaining social harmonyand stability. But with the economic and social development, whether the traditionalsystem can adapt to the needs of the times, require in-depth thinking. Therefore, the reform and improvement of the criminal law theory of crime established has becomean urgent task, and hope to make greater contributions to maintaining social order, theprotection of the law of the country and the people benefits.I mainly for comparison and analysis of China’s criminal law scholars on thebasis of established theory, the two main different crime, discusses the deficiencies ofthe old system, but also shows the two class progressive constitute elements of thetheory of reasonable, in order to improve and refine China’s criminal law system.