Research On Judicial Restriction Of Non-victim Crime

First proposed the concept of non-victim crime was the American scholar Edwin.Shure, he believed that certain crimes are both victims and perpetrators with agreeand voluntary exchange behaviors. non-victim crime, including victims and victimsof their own two cases. However, the theory and practice of China’s criminal lawthere are still many differences in the abolition of victimless crime victimless crimeresearch is not depth. But in recent years，the cases of the "Ma Yaohai"and "Helpeuthanasia case" re-evoke the people widely discussions on non-victim crimeproblem of Criminal Law, Criminology and even criminal policy learning on one ofthe hotspots.I don’t agree that our country should copy the Western crimeepitaxial.Because of no one can copy foreign decriminalized mode. Corresponds to aspecific non-victim crime,it means that we aren’t just facing a illegal problem asWestern.but restricting the range of general violations will be administrativepenalties and to limit the issue of legalization. The paper uses many examples ofargumentation method, comparative studies, theoretical research methods to conductfeasibility studies to play a role of non-victim crime problem solveing. Author tridto research on non-victim crime, and found suitable for China’s national conditions,non-victim crime justice adjustment mechanism: Judicial restriction.The paper is divided into four parts, the first part is of the basic theory of theconcept, characteristics, classification on non-victim crime originator; clarify theconcept of victimless crime, analyze trends and theories questioned victimless crimelegislation. The second part, based on the comparison of Chinese and foreign legaland explore China’s non-victim crime’s road should be: Judicial restriction. The thirdpart, is from a legal and practical basis to discuss our non-victim crime. The fourthpart is the focus of this article, first I put forward the realization of China’s"non-victim crime" judicial restriction path and the concept of "human rightsprotection" should be established; Secondly, the proposed range compression toachieve the program: the field of morality victims in addition to mechanism of Crime;once again, the judgment of the victims elements of the crime in the real illegality "inexplanation of position on a victimless crime, looking to the current system to adjustthe alternative measures: Security Measure; propose to apply the new Code ofCriminal Procedure "prescribed the misdemeanor procedures to ensure victims ofcrime should be the mechanism for the realization of justice restriction. Last echoesof the beginning of this article, combined with the the crime essentially theory andour non-victim crime characteristics, and seeking in licentious sin is anotherapproach.