Study On Decriminalization Of Anti-moral Crime

Criminalization and decriminalization constitute criminal legislation and policydirection different but complementary functions of the two sides of the same coin. Thecommission which Wolfenden led in1957published“the report of homosexuality andprostitution investigation Committee”, it is the beginning of the decriminalization.Non-victim crime became the first non-criminal practice of object, and become themain results of decriminalization. Non-victim Crime close contact with Anti-moralCrime because of Anti-moral Crime with the characteristics of Voluntary andanti-moral, so scholars always use one of Anti-moral Crime as an example toelaborate Non-victim Crime.But few scholars analysis the Anti-moral Crime and fromit define the Non-victim Crime and reflect the decriminalization problem. This paperthrough rigorous theoretical analysis and comparative study of methods to achieve thedual effect: On the one hand, clarify the concept and extension of Anti-moral Crime, onthe other hand, suggest different non-criminal treatment in order to progress of thecriminal legislation; criminalization is a better choice for the Non-victim Crime.Study On decriminalization of Anti-moral Crime, the thesis consists of thefollowing four parts:The first part: the brief introduction of the Anti-moral Crime. This part firstraises the concept and characteristics of the Anti-moral Crime Then analyzes deeplythe background of the concept of the Anti-moral Crime, at last Study extraterritoriallegislation of Anti-moral Crime The second part: the setting range of the Anti-moral Crime. This part first analyzesdeeply the background of the concept of the Non-victim Crime, dissects the variousviews of cholars on the concept, and raises the concept and characteristics of theNon-victim Crime. Then analysis of criminalization and decriminalization theory. Atlast,define the relationship between Anti-moral Crime and Non-victim Crime, suggestcriminalization of Victims of crime in Anti-moral Crime.The third part: the theory of decriminalization of Anti-moral Crime. Analyzedfrom the perspective of humble principles and scientific principles of the rule of law,Anti-moral Crime has a theoretical footing for decriminalization.The forth part: the practice of decriminalization of Anti-moral Crime. Based onthe actual situation of China and combined with the trend of international legislation,for the different characteristics of each crime, chose a different path of the CriminalCode and adopt the limited criminalization.This paper raises the concept and characteristics of the Anti-moral Crime,analyzes the setting of crime and non-crime from kinds of angles, such as the theoryand practice. And it raises the criminal policy of the decriminalization.