On Victimless Crime

When new-type crimes, such as terrific crime, organized crime, washing dirty money crime,etc. are worsenned more and more, criminal law’s reaction to them seems to be extremely heavy. But to the criminals offence without the injured party such as prostitution, taking drug, gambling etc., the punishment rule seems particularly tolerant. The un-crimination thought which sweeps whole criminal law field promotes the criminal law reform to be developed toward humanity, civilization.In our country, the legislation of crime without victims has long history and is well established legislation,but it has rare research results. Numerous scholars’indifference of this subject results in having no lagging of the theory of cime without victims.This proves that in our country, the criminology study appears prosperous but hides some regret while being about.On the basis of linminted materials,I’m guided by the theory research methods of the dialectical and real example, I intent to synthesize them and I analyse the definition, characteristic, kind and countermeasure of this crime. I want to reestablish the status of this crime without victim on criminology theory.The part of subject of this text is divided into three chapters, chapter one, for not having injured party’s crime summary, chapter two for have injured party committing crime of crime. Chapter three studies too several kinds of crime without victims.In section one of chapter one, I have investigated Chinese and foreign scholars’ definition battle about crime without victims at first, meanwhile,I comment them one by one, scholars’definition about this crime although different, but mainly around " voluntary desirable "," take place among adult more "," party unwilling to complain" three factors to build them.Thus,the author thinks that the definition of crime without victims should be: On the basis of the consesus or voluntary of the litigants,especially adult litigants, but the litigants (usually the injured party in fact) do not think that oneself has been injured or willing to be injured, so there is no behavior which litigants would like to complain to the judicial authority. Afterwards, I have enumerated the numerous scholar’s description of the characteristic without injured party’s crime, whether according to define and changes factor of society, is it have injured party’s crime have the following characteristics to summarize. Party because of voluntary or desirable for behavior this kind of; The relation between inflictor and injured party is uncertain; This kind of behavior mostly violate people’s basic moral sense; Behavior this kind of many to go on and have party not to report in secret cases, so difficult to find, the evidence is difficult to collect; This kind of behavior crime is counted high black, and usually have deriving nature.Since injured party’s crime concept does not proposing, initial range is narrower, with the changes of the society and people’s values, the intension without injured party’s crime is expanded constantly. And because there is not injured party’s crime that is the social impermissible behaviour, there are different historical reasons in the emergence at different stages of different country or the same country in this kind of behavior, different properties appear, different too to the influence degree of the society, therefore the scholars of various countries are crossing and coincident trends the approval without kind of injured party’s crime. In section two, I, from the scholars of various countries to not having in generalization of injured party’s crime kind, select rational and accord with to have injured party crime of our country national conditions, namely sex crime is adultery, sodomy,etc.; The health of the life has committing suicide, euthanasia, taking drug,etc; The social kindhearted custom has prostitution, gambling, propagatesing the obscene goods, assembles a crowd promiscuously,etc. and other behaviors, for instance usury,etc.. But the author thinks, the kind without injured party’s crime is far not merely herein, with the swift and violent development in material progress of human society, modern society make the transition period control function fade thus produce various kinds of symptoms, forms without injured party’s crime are more and more diversified, and the following trend appears: Confrontational morals, getting fictitious to surmount consciousness trend nature.In chapter two section one, I explain with terse language person who commit crime with committing crime conflict non-, point out the committing crime legislative negative effect on legislating and administration of justice of thinking view, thus not recommend the committing crime criminal policy. Not the prevalence of the committing crime thought have certain realistic background and philosophical foundation too. At the end of the19th century, the capitalist society was full of contradictions, the economic crisis took place frequently, society and politics all kinds of problems, to will it be first half the20th century, great calamity of World War II make ordinary idea of law of people the great transition took place, it is not a behavior of people’s mainstream again to follow the beaten track. On the contrary, make merry in time, individualism occupies people’s values gradually. In judicature mechanism, seem to awkward according to classical law school theory legal system stood up to set up in front of dealing with the crime rate that is soaring constantly, a very important reason is that the country is investigating and prosecuting, punish various kinds of a large number of social impermissible behaviours emerging to long for like the sex, do not have injured party’s crime to spend originally rare judicial resources to take drug, commit suicide etc., and the result of doing it in this way is less than satisfactory. Is it restrain from, respect personal secrets not to become people and wish that law-executor reach the same goal by different routes to reduce, person who commit crime rise at this moment of thought complies with the development of the society.Freedom too for person who commit crime thought offer philosophy nourishment spirit. Many representative figure sesame promise that send Ge propose natural law after the thought then since, freedom idea right away rooted in the hearts of the people, although have gone through all kinds of hardships and difficulties, the law pays attention to the protection of individual freedom more and more, and this kind of protection has already become and weighed a good and bad important standard of the law. If the law limits the personal private life too many, will interfere personal freedom, such a law will suffer people’s censure. There are no private lives mostly related to citizen especially adult citizen of injured party’s crime, for instance adultery, homosexuality, take drug gambling,etc., law should take prudent and attitude that tolerate with this, just accord with the spirit of freedom.No doubt, laying particular stress on the committing crime has very great drawbacks, but with the going on of economic construction of the market, various kinds of economy break laws and commit the crime such as securities, futures, finance, environment crime some speed and quantity develop in the past. Because and the country lacks the relevant law to adjust and control in the market’s own weakness, the involvement of criminal law becomes the need. So person who commit crime with person who commit crime should be set against, complement each other, give play to field of utility different each just. In section two, at first, I have regarded British Wolfenden’s report as the starting point and investigated the history that has no development of injured party’s crime, it should be cautious that the ones that maintain penalty right are mobilized, especially for not having injured party’s crime, because of modest person who restrain of criminal law, should move towards person who commit crime, non-institutional is it is it is it punish way develop to turn to to use to expanding. Secondly, the type to not committing crime has been combed, namely include legislating not to have except that crime and only except that punishment one except that punishment, it legislate not having it is except that crime again except that the punishment one except that crime, not in administration of justice except that crime, not in fact except that crime. In section three, I is it prove to have injured party crime go on committing crime foundation non-to attempt from different side. First of all, the social harmfulness in the criminal jurisprudence field has certain dishonesty, social harmfulness of true meaning sometimes, it with will namely for shift view that value judge of legislator, in view of the above, not the committing crime has realistic possibility; Secondly, modest person who restrain of criminal law principle restrain national penalty right from mobilize wantonly too; Moreover, since common customs of criminal law, some punish about religion, ethics, morals behavior of field as crime no longer, we can say, criminal law withdraws from ethics, ethical field, especially the field related to personal ethics, morals is a modern criminal law development trend, criminal law limited to with keep society survive, develop in the essential minimum limit only to social involvement of life; Reply time, is it improve prostitution, take drug, gambling social concern for effect to come through criminal law, and very apt to exert a negative influence, if because prostitution is made by the punishment regulation, the prostitute can not rely on the police to protect, so collect protection fee, force criminal offence of engaging in prostitution etc. arise at the historic moment; Finally, criminal law resources are not all inexhaustible other social resources, it make up by specific historical period manpower, financial resources resource country can offer, to some plot being remarkably slight to have injured party’s crime mobilize the criminal judicial process completely, principle not according with thrifty and enforcing the law.Of chapter three of this text, my concrete research prostitution, taking drug, gambling, euthanasia, travelling the obscene goods,etc. do not have injured party’s crime, and has put forward the pertinence precautionary measures. In section one, I have investigated the prostitution state in the present stage of our country at first, and refine the characteristic of betraying the excessive activity from it: It is unordered for region to distribute, the whole country have one city can is it escape by luck to the prostitution industry to declare yet; The parasitic trade of prostitution is distributed unorderedly, prostitution takes place in the place and has not limited, including the construction site, hotel, hotel, hairdresser’s, bathroom, field, station, quay, dancing hall, park and other places; Personnel form and is distributed prostitution unorderedly, there is an annual and long, young one, married, unmarried; What merits attention is prostitution reason present diversification too, adhere rigidly to prostitute to engaged in prostitution because of economical poverty before, some prostitutes are engaged in just loving ease and hate work in prostitution at the present stage, or it is amazing to seek, or pursue more high-grade indulging in material comfort. Secondly, I go on reason criticize to some people opinion that prostitution legalize, have analysed that sets up the difficulty existing in " redlight district". Though there are all sorts of morals issues in the prostitution behavior, we can be inferred that get off the inevitable social policy position by the ethics position, because will consider other great value and difficulty practised, will treat this social concern of prostitution, legalize and does not get on the slip had with the committing crime in an all-round way. I is it adopt policy of restraining from to maintain (look at prostitute itself regard them as other victim that criminal exploit for criminal, can classify in private transaction that place go on prostitute as the illegal act. But will attack the activity of handling prostitute’s prostitution, will hope to try one’s best to reduce prostitute’s figure, the prostitute is not encouraged to visit prostitutes), the concrete measure is as follows: Because of the social ubiquitous sexism, cause women’s employment opportunity to be lower than man greatly, offer the employment opportunity to the prostitute, and strengthen the education of them, this is a job with overall meaning; Reduction use which fines, detains the measure; Establish the non-government organization for prostitutes to offer helping, the trade parasitic to prostitution strengthens management, attack the behavior of controlling the prostitute, strengthen the household register system of management and people’s resignation system. In section two, I have analysed the danger of taking drug, and think and take drug the following characteristic that the behavior appears:Drug addicts increase sharply, mostly self-employed entrepreneur and teenagers; Reply the sucking rate high after giving up taking addictive drugs; Will bring out and with higher speed of different the disease, especially venereal disease and spread to take drug; Taking drug will also bring out other crimes and social repulsive phenomena. So the author proposes taking the following measure to the behavior of taking drug:Give up taking addictive drugs in the organization sound, strengthen social drug control education, pay attention to the humane care to the drug addict, dispelling the discrimination to them of the society, this is solving and replying the high effective means of sucking rate.In section three, I have summed up current situation and characteristic of gambling at first, secondly, should committing crime go on the discussion to simple gambling behavior. Among judicial practice, simple gambling behavior gamble crime definitely seldom sentence public security punish usually. It is obvious, is it gamble crime whether one ban except that crime that have definitely to take gambling as profession, ban have except that crime exist reason of regulation mainly on the basis of preventing the thought of the crime on criminal law, but in nowadays’ view, the thought of this kind of anticrime seems unnecessary here. Issue of altering with the ideas of people constantly and national relevant financial policies, the simple gambling behavior neither should be intervened by the criminal law, even its inherent characteristic without injured party’s crime little by little also dies out, the gambling has already become a kind of normal social phenomenon that should not be condemned deeply gradually. And the country needs because of the finance, issue lottery tickets in the society, the behavior that the citizen buys lottery tickets actually has no difference with the simple gambling behavior in essence. If the country can issue lottery tickets calmly with the need of the financial policy in the common field, should have legitimacy for the simple gambling behavior in citizen’s private field, for not awarding people the subject for ridicule that " the magistrates are free to burn down houses, the common people are forbidden even to light lamps " either, I propose, the existing gambling crime should be renamed as and managed the gambling crime for being better, organize gambling parties and open gambling house two situation only, situation taking gambling as family property being whether the simple gambling behavior is expel field that penalty punish from. First part in section four, I promise and have injured party crime to compare injured party with, whether by behavior and have injured party crime have similarity in following3point that injured party promise. The former gives up one’s own interests, the latter is that the willing one’s own France benefit is infringed too; The two have places overlapped on the epitaxy, euthanasia is the right example; The two similar status have among one’s own theoretical system, the former get rid of person who commit crime origin of an incident store as one in in criminal law general provisions, the latter often with person who commit crime that theory study together too on criminology. In the second part, I have introduced the definition of euthanasia and historical development at first, secondly, one that is to euthanasia should committing crime go on the discussion, I agree to deny and say, namely euthanasia can’t be hindered but the breaking the law of the behavior, must commit the crime of intentional killing. But in case of having certain limiting conditions, can get rid of its committing crime. In section five, I have analysed that propagate the danger of the behavior of the obscene goods, is it have to this kind injured party’s crime pay attention to educating, it can play a role in radically reforming to propose. Afterwards, I introduce injured party’s crime does notting new-type that appear recently, such as playing the network game, as to this, I think out of protecting teenagers’ consideration, should put relevant means, such as the administrative law, school rule, etc. to use to forbid.