On Statutory Crime And Legislative Model

In terms of crime classification, the traditional one which divides the whole intonatural crime and statutory offense is the most generally recognized. With the change oftime and the rushing social development, those two parts are undergoing certaintransmutation and the dominant statutory offense era is the most obvious manifestation.As one of the most efficient tools of social control, Criminal law is supposed to showvigorous act which lies in a re-definition of legislative direction of statutory offenseagainst a gradual growth of statutory crime and challenges of “Risk society”. To fightthe variable statutory crime, the Penal Code only is far from enough. After finding thereason for incrimination of statutory offense and recognizing the stability of the PenalCode so as the flexibility of accessory criminal law, a discussion of the legislativedirection will be expanded.In the first part, adopting the conception of natural crime by Garofalo that onlythose behaviors which hurt compassion and integrity (also called two basic emotions)can be defined as crime, a conclusion can be made that statutory offense refers to thosebehaviors not included by Garofalo. Then, question why statutory offense is stipulatedin criminal law will be put forward in the understanding of distinct interpretations ofstatutory crime in temporary criminal law field.The second section is intended to describe the two major trends of today’s statutoryguilty, which are the gradual growth of statutory crime and its performativity turningtowards natural crime, further more to stimulate a rethinking of the current legislativemode of statutory offense.In the third part, an analysis of the influence of initiative of legislators (being thesubject of crime definition) upon criminal legislation will be made on a basis of theconception of crime. The issue whether legislator driven by unknown interest willimpact the process and the result of crime definition is placed afterwards. What is more,the discussion of the question in the first part will be deepened.In the fourth section, I analyzed and discussed the stability of the Penal Code andthe Criminal Law flexibility features, further discussion of the match between the characteristics of the subjectivity of the legislators with criminal origins and conflict,thus opening the discussion of the statutory guilty legislative model.Finally, I also recommended legislative model of statutory committed, and thisadjustment reality and theoretical significance.