Studies On Multiple Meanings Of The Concept Of Crime In Our Countries’ Criminal Law

As the cornerstone of criminal law system,“crime” is the basic concept whichbuild the criminal rule and system of criminal law, and also starting point of hugesystem of criminal law. Theory of criminal law has been conduct deep study onto theconcept of crime for a long time, furthermore, our countries’ traditional theory ofcriminal law treat the concept of crime as the foundation of crime constitution. Owingto the reason that our country stipulate the mix concept of crime explicitly, criminallaw theory especially put many theory enthusiasm on the issues such as the formalconcept of crime, the substantial concept of crime and the mix concept of crime, andother issues that how to resolve the relationship between mix concept of crime andprinciple of legality. Indeed, to put a comprehensive and profound study on the formalconcept of crime or the substantial concept of crime and the like, which are thefundamental issues of the concept of crime, and then clarify the complex relationshipbetween formal rationality and substantive rationality under the background ofprinciple of legality. This is no doubt the requirement raised by principle of legalityitself, and also the premise and foundation of criminal law theory to insist standpointand go ahead steadily within the rapidly changing and complex reality. After having aenough and correct understanding on the status and function of concept of crime, thisthesis transform the discussion emphasis from macroscopic and abstractive concept ofcrime to the more microscopic and specific issue of multiple meanings of the conceptof crime. In a word, this thesis take the argumentation of multiple meanings of theconcept of crime as the target continuously, so multiple meanings of the concept ofcrime is the logic starting point as well as the logic ending point of this thesis. In orderto provide a good field to the argumentation of multiple meanings of the concept ofcrime, this thesis also make a clear logic arrangement towards the array of chaptersand sections.The section of “introduction” make a simple introduction to the present studiessituation of the concept of crime, and point out that the studies of our countries’concept of crime particularly stress the formal concept of crime and the substantialconcept of crime excessively. In contrast, there have not been pay enough attention tothe concept of specific crime, what’s more, multiple meanings of the concept of crimereceive more less attention. And then make a brief generalization towards the meanings of studying the multiple meanings of concept of crime.“Chapter one” reflect and analyze the present studies of the concept of crime inour country firstly, then point out we should transcend the formality and substance ofthe concept of crime, transfer to the more practical and theoretical issue that multiplemeanings of the concept of crime. Secondly, to reveal what theoretical and practicaldilemmas the single meaning of the concept of crime confronted. At the same time,introduce the functions and advantages of stratified concept of crime in the civil lawcountries systematically, and then advocate the idea of multiple meanings of theconcept of crime, which, to solve the problems that single meanings of concept ofcrime confront by means of the multiple meanings of the concept of crime.“Chapter two” start from the four point of view that legislation, judicature,criminal policy and criminal theory, point out multiple meanings of the concept ofcrime have functions that safeguard the simplification of code, application of lawflexibly, guide the criminalization and decriminalization of legislation and judicature,and encourage the perfection of theory of crime constitution. At this point, thefunctions and value of multiple meanings of concept of crime have been nearly displayentirely.“Chapter three” pay more attention to discuss the causes of multiple meanings ofthe concept of crime, point out the reasons why the concept of crime showing multiplemeanings. In the macroscopic point, that’s because the driving force arise from socialdevelopment and transformation push social structure’s change, social interest’sdiversity and the human being intellectual discipline’s continuous differentiation. In themicroscopic point, that’s because the concept of crime as a conception, its meaninginevitably change accompany the specific language circumstance’s change. At thesame time, as the complex relationship between concept and the fact indicated by theconcept, concept is also shaping by multiple facts in any time when concept isabstracting fact. Under the three main factors’ composition of forces, it’s a quite naturalresult as the concept of crime having multiple meanings.“Chapter four” take our countries’ Penal Code as the object, devoting to analyzethe constant emerging word “crime” in the Penal Code, and then divide the concept ofcrime of Penal Code into seven species, which including “crime in the significance ofintegrated appraisal”,“crime in the significance of pure behavior”,“crime as theconduct of benefit infringement”,“crime include objective illegal and subjective guilty”,“crime in the significance of associated”,“crime in the significance of crime’scircumstance and situation”,“crime in the significance of criminal”. It wish to supplyconditions to support understand the Penal Code accurately.“Epilogue” mainly to make clear the legal basis of multiple meanings of theconcept of crime, prove that multiple meanings of the concept of crime not only havefoundation on the explanation theory, also obtain explicit acknowledgement from law.Thus, to comprehend the concept of crime in the viewpoint of multiple meanings is notonly reasonable, but also licit. After these argumentation from different angles, it canbe said that multiple meanings of the concept of crime have been verified.