Rationality Of The Dualistic Paradigm Of Anti-value Acts

This paper discussed the dualistic paradigm of anti-value acts fromanti-value acts theory and anti-value results.This paper is divided into sixparts. The first part is the introduction. The second part is the introduction of theconcept and development context: anti-value acts and anti-value results:anti-value acts a, also known as the illegal (or illegal theory). Only from the lawpoint of view, the core idea is to act without value, the existence of illegal naturestudy, elements of attention behavior means that "people". Among them, withoutconsidering the law profit violation and risk, only the beha"vior person mean" asillegal judgment basis position, can be described as” anti-value acts M or"subjective element anti-value acts not only will act "mean", and will benefit inlaw and risk as illegal judgment basis position，can be described as " the dualisticparadigm of anti-value acts The third part, from the crime constitution theorydevelopment trend to illustrate the dualistic paradigm of anti-value acts conformsto the modern crime constitution theory and the development trend of subjectiveelements of the crime has become the mainstream. The fourth part, from theperspective of constitutive elements of crime the dualistic paradigm of anti-valueacts. The objective elements and subjective elements are divided into two parts,the objective factors mainly introduced the behavior, result and causation，Thesubjective factors include intention and negligence of two parts. The fifth part,mainly introduces the anti-value theory is more conducive to the illegal judgmentwith dualistic of behavior. Crime is the entity of illegality and responsibility,responsibility is to the illegal responsibility, and therefore can not be separatedfrom the illegal presence. However，do not rely on the existence of illegalresponsibility. On the other hand, the law of different understanding will lead todifferent understanding of responsibility. The anti-value acts and anti-valueresults on the source to different illegality understanding, so this part is the focusof this chapter. This part mainly from the law philosophy basis, judgment of illegality judgment of illegality in data, the judgment of illegality point and thedualistic paradigm of anti-value acts on the ground for elimination of misfeasancerationality also useful the dualistic paradigm of anti-value acts view ofapplication: mainly used to justify the rationality, accidental defense on thematter of. The last part is the discussion on the research of the attempted crimeproblem, never was committed crime of rationality, to anti-value for riskjudgment to distinguish between guilty and not guilty of two element behavior.