Research On The Ordinance Behavior In Criminal Law

The research of Chinese Criminal Law on the aspect of proper behavior has notobtained a satisfactory effect so far. In accordance with the Penal Code, there are onlytwo acts formulated with specific provisions, which are self-defense and urgentdanger prevention respectively, however, the ordinance behavior did not beenadequately concerned as another essential category of legitimate subject. From theexterior view, ordinance behavior is quite similar to the criminal behavior. And inpractice, once the judical staff and citizen are scant of enough acknowledgement anddirection, they might be easily confused in terms of identification of crime andnon-crime, which could have been obstructed the realization of justice as well as theprotection of human rights. The issue of ordinance behavior is intimately bound upwith the Criminal Law, International Criminal Law, Administrative Law and so on, socorrectly recognizing, defining and coming into legislation, based on such a behavior,having an extremely significant value especially for the improvement of domesticlegislation. In Chinese judicial practice, there is a multitude of obstructs for thejustification of ordinance behavior. And I personally it might be extremely unsuitableto deal with the police duties that belong to the ordinance behavior, regarding as theself-defense. Therefore, rectificating the name of ordinance behavior intimately play adominant role in directing the judicial practice.This thesis consists of six chapters (including the introduction), and it could bedivided into two main sections, the number of the total words are approximately40thousands.In the first section (manifesting in the chapter2,3and4respectively): the basictheorem of the ordinance behavior. And the ordinance behavior represents thatexercising rights or obliging the implement behaviors, based on the Statute, theregulative provisions or the command directly. Broadly speaking, the ordinancebehavior conclude behaviors that offense and negate the subject on principle, andexception as the responsibility negates the subject. In accordance with familiarcriminology system, the ordinance behavior has different statues. This section based on the two sectors of criminology system, discussing in connection with offense andnegate, justified according to the beneficial measure that is defined as taking intoaccount the sociology and legitimate equivalence.The second section (the chapter5and6of the main body): the ordinance behaviorhas a series of issues. Many national legislation and legitimate theorem have differentlevel of concerning and handling; and it could be obtained loads of inspirationthrough the introduction and comparison of theorem and legislative status. In terms ofChinese relevant legislation, it is necessary and feasible to carry out to legislation.