Research Upon The Perpetrator’s Usual Behavior

The perpetrator’s usual behavior is the doctrinal resolution of the actor’s usual conductstandardization, scilicet the perpetrator’s consistent manifestation in the popular theory. As theterm suggests, the perpetrator’s usual behavior enters the normative vision of the Criminal Law,because of its criminality. It is the result of the criminal facts’ standardization and the criminalnorms’ personification. The docking and the agreement of the standard and the fact, in thecontext of the criminal integration, have endowed the special status and significance to theperpetrator’s usual behavior. The criminal personality, criminal liability, crime andpunishment mechanisms in the inner meaning of the perpetrator’s usual behavior coincide atthe criminal law evaluation mechanisms of facts, values and norms. However, there is not itsreasonable position in the existing norms and the theory. Therefore, the plot specification andthe policy view of the perpetrator’s usual behavior have become a necessity.This paper consists of five parts，approximately40,000Chinese characters in total.The first part is the personality inspection of the perpetrator’s usual behavior. Theinvestigation of the criminal personality is because the perpetrator’s usual behavior is thecontinuous expression of the criminal personality externalization and is the inevitable choice ofthe personality criminal thinking. The perpetrator’s usual behavior is the externalmanifestations of the consistent continuation of the personality traits domination, in theaccumulation process of the personality formation. However, the explicit personality is theantecedent of the criminal offence.The second part is the exploration into1iability of the perpetrator’s usual behavior. Theexploration into the criminal liability is due to the perpetrator’s usual behavior affects the sizeof the criminal liability, and it is the reasonable perfection of the criminal imputationmechanisms. The liability processing work of the perpetrator’s usual behavior is the concretespecification of the personality development liability under the guidance of liability.The third part is the crime and punishment mechanism of the perpetrator’s usualbehavior. The crime and punishment mechanism of the perpetrator’s usual behavior originatesfrom the perpetrator’s usual behavior is the individual concretion of the crime and punishmentlegitimization, is legal evolution of the crime and punishment system reconstruction. The perpetrator’s usual behavior, on the basis of the objective act characterization, is not only ofthe binary conviction effectiveness of affecting the crime amount, but also has a sentencingfunction, which is the consideration of subjective identification in the view of the sentencingindividualization and the sentencing personification, also is the basis for the classification of thecriminal treatment and the use of the concrete criminal transaction measure in the execution ofpunishment process.The fourth part is the plot specification of the perpetrator’s usual behavior. The plotspecification of the perpetrator’s usual behavior rests with that the perpetrator’s usualbehavior is the important prerequisite of the perpetrators criminal specification and that it isthe essential factor of the connotation of the circumstances of crime. The plot specification ofthe perpetrator’s usual behavior must straighten out the circumstances of crime classification,on the basis of clarifying the relationship between the key constitutive elements of crime. Ittakes the type theory as the angle of view and finally realizes the legalization.The fifth part is the policy view of the perpetrator’s usual behavior. The policy view ofthe perpetrator’s usual behavior is out of that the perpetrator’s usual behavior is the goalpursue that the criminal policy is more reasonable and that it is the essential requirements tomaintain the society ethics. The perpetrator’s usual behavior originates from the factstandardization, actually attributes to the standard personification. The perpetrator’s usualbehavior is the inner requirement of the humanitarianism principle and the humanisticfeelings in humanization advancement of the criminal policy, which takes the human natureconcern as the core. It consists of individual treatment, Non-Criminator; and Resocialization.In brief, the perpetrator’s usual behavior has the important standard and factsignificance in the current criminal construction, is the inevitable requirement of the policyidea inspection. The medium value of the perpetrator’s usual behavior as well as the standardstatus and the practical significance must be envisaged. Therefore, it is necessary for theacademic circle and the current practice to pay the deserved attention to the perpetrator’susual behavior and to obtain the reasonable end result in the current code and the criminalpolicy for it.