On Negative Subjects Of Crime

The theory crime is a very important area in the criminal lawresearch.however,under the influence of the traditional way ofthinking,whether in academic research,or in the criminal justicepractice,identifying crime is often more important than excludingcrime.China’s criminal law theory neglect the research on negativesubjects of crime,moreover,there is not a complete system to value andconsummate them.on negative subjects of crime,only justifiable defenseand emergency hedge are regulated in the criminal law.as for others,notonly there is a gap in legislation,but also be short of thorough andunified theory,therefore,in connection with current research dilemma，it is necessary to make a more systematic explanation for the negativesubjects of crime to define interrelated concept and provide a reasonablycomplete theoretical material.On negative subjects of crime,the first thing is to accurately definethe concept and content.currently,except justifiable defense andemergency hedge,there are many multifarious research in the academia.forthe definition,statements are various,generally,showing a fuzzyprocessing characteristic,there is no fixed title and completedefinition.therefore,on the basis of analyzing domestic andinternational perspectives,we need to determine a complete and reasonableconcept for the negative subjects of crime.what’s more,making a summaryand generalization for its type.and then through the analysis of the valueand functions,discussing the theoretical source and target pursuit.in theview of the protection of human rights and procedural fairness,establishing a theoretical support to illustrate the feasibility andrationality of building the system in china.Negative subjects of crime and the crime theory are inseparable.asan important part of the commission of a crime, there are vital tasks forit--easing the contradiction and promoting the protection of humanrights.it is essential to improve the conviction standards and constitutesof crime,which make an important part in the hole criminal lawsystem.thus,the reasonable position of negative subjects of crime in thecriminal law system is also an important research part.first,by analyzingthe position of negative subjects of crime in the national criminal lawtheory to make a systematic elaboration on the relationship betweennegative subjects of crime and constitutes of crime. clearing the fact that negative subjects of crime should embody the constitutes of crimesystem to perfect the criminal law system.and then providing viable ideafor the reasonable position of negative subjects of crime by researchingthe essence of constitutes of crime.On the basis of clearing the definition and position of negativesubjects of crime,making a integration and grooming by longitudinalhistory which means the ancient china’s regulation and horizontallegislation which means foreign theories.so as to provide a moresystematic and comprehensive theoretical learning for negative subjectsof crime.and then proposing what we should do in order to build China’snegative subjects of crime system by the analysis of foreign excellenttheory.At last,expansively analyzing negative subjects of crime from threeangles which are regulation13in the criminal law,proper behavior theoryand the expected probability theory.by analyzing and proposing someconstructive ideas to perfect china’s current negative subjects of crimetheory.with an aim to throw away a brick in order to get a gem,trying mybest to strengthen attention and research on awareness of exclusivecrime,implement function of human right’s protection and improve thescientific nature of the criminal law.