Font Size: a A A

Research On The Criminal Social Harmfulness

Posted on:2014-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q YinFull Text:PDF
GTID:2296330425979446Subject:Punishment law
Abstract/Summary:PDF Full Text Request
As everyone knows, our country criminal law theory has traditionally regardedsocial harmfulness theory is an important part of the theory of social harmfulness,that plays the most basic role in the theory of criminal law, is the core of constitutiveelements of crime, is the essential feature of a crime.But with the deepening ofresearch of criminal law theory, to determine the legal principle of crime andpunishment in the legislation of the criminal law, many scholars began to questionthe status of criminal law and social harmfulness, negate the criminal law in essencestatus, thought that the concept of social harmfulness deficiencies, functionallimitations, that is the conflict with the criminal law, the principle oflegality.However, the social harmfulness as the basic theory of criminal law, whichhas its advantages, whether it is hazardous connotation from society, or from thesocial harmfulness of the extension; or the relationship between the principle oflegality, criminal illegality, or social harmfulness theory applies in the criminallegislation, criminal justice, in the criminal law interpretation, can come to socialharm is not contrary to the demand of modern rule of law, and it is in accordancewith the requirements of the construction of the modern rule of law to activelypromote the modern rule of law.Therefore, the status of criminal law must beharmful to the society, not only can play a positive role in the criminal legislationand the judicial process, to promote the construction of the modern rule of law.This paper is divided into five parts except the introduction and epilogue, thespecific contents are as follows:The first part:Introduce the basic theory of social harmfulness.The harmfulnessof the connotation, from the social nature of two aspects of social harmfulness tointroduce the basic content of social harmfulness theory.Social harm is harm inCriminal Law refers to the behavior, is the unity of criminal category and amount ofendoplasmic reticulum, think social harmfulness must reach a certain extent.Socialharmfulness is not a vague, abstract concept, it has a certain standard, and the entityof its performance in the specific provisions of criminal law.The second part: Introduce the status of criminal law and socialharmfulness.Social harm is the substance of a crime, is the essential feature of acrime, is the foundation of criminal law, the two complement each other relation.In the crime punishment legal principle, the social harm is also necessary, two appliedin coordination of the different conditions,, interaction.The third part: Introduce the function of the criminal law and socialharmfulness.The social harmfulness in the criminal legislation, criminal justice,criminal law function, they play an irreplaceable role.The fourth part: Introduce the development of social harmfulness.Thedevelopment of the society, economic development, progress in understanding, thelegal system of different periods of social harmfulness establishment.It is alsoinfluenced by these factors, social harmfulness is changing constantly, so that it canadapt to the development of the times.Factors in certain period are combinedtogether to form the social harmfulness to certain criteria, makes some new crimeappeared, some penalty change.The fifth part: Introduce the significance of social harmfulness to socialharmfulness as--Thinking from the viewpoint of the existing criminal law.As thejudge a behavior is the standard of criminal social harmfulness, in different historicalperiod, the social harmfulness has its own characteristics, and the variability ofsocial development makes some crimes is not reasonable.This kind of irrationalitymainly in under the current criminal law should be abolished charges not abolishedand some new crimes should be established and not established.
Keywords/Search Tags:Social harmfulness, Criminal illegality, The principle oflegality, Formal rationality, The substantial rationality
PDF Full Text Request
Related items