Temper Justice With Mercy Victimless Crime Of Criminal Policy

Victimless crime is a moral crime, also known as the weathering of crime. Compared with western countries, our country the victimless crime stipulated in the criminal law is not much, accompanied by the legal theory research continues to mature and practical study unceasingly thorough, people’s behavior on its own value judgments change, ethical concepts showed the characteristics of diversity and variability, which causes the people to the Crime no crime victims and non-criminalization widely discussed. This paper attempts through the method of theoretical analysis and comparative study of rigorous, obtains the victimless crime problem should uphold the lenient and severe criminal policy, and the policy guidance, take a dialectical attitude, crime and non crime constitutes a different direction of criminal legislation policy and two complementary functions, the China’s relevant victimless crime can not fully non-crime, and should be gradual reform, in conditions of full theoretical support and social environment, to the criminal law of our country stipulates no crime victims of crime classification and distinction, determine the legislative idea of dual criminal and non-criminal parallel.This paper contains three parts:introduction, text and conclusion, the text is divided into four chapters as follows:The first chapter is mainly about the basic problem of no victim crime theory research, including "victimless crime" concept conflict and the definition of the various theories of the concept of victimless crime.The second chapter summarizes the academic basis of theory of decriminalization of victimless crime.The third chapter is about the Chinese and Western victimless crime legislation of our country, and no effect of victims of crime, and focuses on the victimless crime in accordance with the law against the different and the classification research.This is the core point and the innovation of this paper and. Based on the first three parts, by clarifying the non-victim crime and tempering criminal policy, the criminal law of our country stipulates the victimless crime to classification, distinction, rather than blindly all non-crime. Finally, no typical crime victims of crime including group sex, gambling, surrogacy take crime or non-crime issues of thin build their own to our country, in order to benefit the legislation of no victim.