On The Non-statutory Purpose Of Committing

Chinese scholars come up with a new concept called Non-statutory purpose ofcommitting when they study in the criminal law of Germany and Japan. However, theacademic circle of criminal law have a different idea for its definition、existence andtype. By the study of the academic circle of criminal law and the cognizance of thejudicial practice, we can difine Non-statutory purpose of committing as the thing thatthe specific purpose of establishment of some crime does not require expressly in thecriminal law, however, look through from the side of the theory of criminal law andthe judicial practice, or the side of the representation of the elements in the provisionsor the relationship between provisions, only the existence of the specific purpose canprove the behavior has sufficient legal interest against crime. The more simpleenacted law is the mor value law and the study for the second time to the specialcrime is the two reasons to the existence of Non-statutory purpose of committing.From the study of the purpose of crime of classification, we can know thatNon-statutory purpose of committing can divided into two parts: one is non-statutorycut off the result of committing, another is non-statutory shortening of the two actscommitting.In order to make a deep understanding of Non-statutory purpose of committingand choose a correct legal interpretation to use, we have to know not only itsdifination and classification, but also its further quality of different types ofclassification. The non-statutory cut off the result of committing is neither openconstituent elements, nor a legal loophole. Its purpose is coincided with the will factorof intentional crime, that is to say, the purpose is the will factor, and is not subjectiveelement, and must use the method of restricted interpretation of legal interpretation toexplain. The non-statutory shortening of the two acts committing is open constituentelements and hidden legal loopholes. Its purpose is more far-reaching factor than thewill factors of the criminal intention and more than Subjective elements, and must usethe method of limit of aim legal interpretation to explain.Learned from the German and Japanese Criminal legislative experience, we canknow that the appearance of the Non-statutory purpose of committing in our criminallaw is for the defective enacted law of purpose crime and the wrong understanding ofspecific criminal legal benefit. In the premise of the stipulation of the purpose of thenon-statutory purpose of committing, we should discuss the necessity and feasibilityof the legislation of the non-statutory cut off the result of committing and thenon-statutory shortening of the two acts committing. And we make sure that we should improve the legislation of it as long as the condition is permitted. However, toimproving to legislation of the Non-statutory purpose of committing, many thingsshould be done step by step. First, first, Non-statutory purpose of committing shouldbe advocated by Scholars in the theory circle; second, Identification of the judicialpractice; third, legislative confirmation.