Statutory Guilty Research

Statutory guilty of criminal law is to study the basic theory of economic problems. The concept of statutory offense, which was originally from the perspective of criminology proposed by Garofalo, Garofalo’s theory of natural guilty of the statutory offense of crime and criminal types who were divided, this theory was introduced later in the Criminal Law. However, subsequent studies tend to ignore the criminal law Garofalo stance, coupled with the concept of emergence and development of administrative offense in Germany, making the statutory guilty, guilty of research administration issues emergence of a chaotic phenomenon. Administrative offense, statutory offense in the end why, German, Japanese controversial theory, did not form a unified view. China’s criminal law theory influence management theory by Germany, Japan, in the absence of thorough workmanship, based on our theory that says through administrative offense committed with the legal equivalent, which is a theoretical misunderstanding.In this paper, combing the statutory offense produced at home and abroad, the development on the basis of the existing literature on the definition of the statutory offense, features and value-depth analysis. On this basis, further research legal commit criminal legislation and criminal law applicable to the issue, and conduct research status and problems in various parts of the feasibility of the proposals. To this end, this paper mainly studied from three aspects.The first part is the basic theory. First, you need a clear legal connotation committed. First, define the basis of the current legal theorists committed on its content and meaning clear:the statutory offense is a violation of "one law " and " secondary law" crime. To generate and analyze the development of a statutory offense, a clear legal connotation has changed commit statutory guilty today we are talking about is in the sense of criminal law, which Garofalo was originally made from the standpoint of Criminology Natural guilty of the statutory offense has a different concept and purpose, which is the basic position and the starting point of this paper guilty of statutory issues. Second, the statutory offense of natural guilty to compare.In comparison with the nature of the offense, specifically natural guilty "Pu Chang ", that can be based on the natural moral dangers guilty judgment. Statutory offense is characterized by having " extraordinary nature", not to make accurate judgments based on their moral hazard, it needs to be combined with the prohibition law in order to accurately identify them. Third, compared with the administrative offense, there are significant differences both statutory offense. In view of the theorists Tong said that the legal and administrative offense committed is equivalent to view this article in sophisticated legal basis of origin and administrative offense committed on both the connotation and denotation of distinction, a clear difference between the two. Under the current law the law, committing our legal connotation and extension should include administrative offense. Fourth, the current through a critical analysis of the theory says, because the legal and administrative offense committed in the form of a certain similarity, and the impact of Japan’s administrative offense by the doctrine of theory, which is equivalent to the formation of a statutory offense committed through said Chief the specific reasons. In fact, the connotation and extension of the statutory crime is not limited to the level of administrative offenses.Secondly, the statutory offense committed with nature compared with the "extraordinary nature", this "extraordinary nature" mainly for the double illegality, specific purpose, such as professional and concealment. If the "Pu Chang" of the statutory criteria is difficult to realize the harm committed, the "extraordinary nature" philosophy about the dangers of a statutory offense is a multiplier approach. Statutory crime also has a "relative", when the statutory crime due being widely accepted and recognized the dangers of behavior, in-depth people’s minds, then the case will be committed to the legal transformation occurs naturally guilty.Finally, commit to resolve the legal theoretical value. Guilty of the crime of statutory significance in the theory can explain the phenomenon of crime, which is generated when the value of its original. In Garofalo’s theory, the statutory crime is not a real crime, the perpetrator of such a crime is not a real person, so the focus is not guilty of criminal law legal strike. The initial value of the legal theory of committing a clear focus in its fight against the criminal law, narrow face combat crime. Now, in criminal law, criminal legal awareness of science theoretical value, has been developed. Due to the special nature of the statutory offense, which is closely linked with the primary law norms, the impact of the legal theory of committing criminal legislation prominently expanding circle of crime, reduction and application of penalties.The second part is a statutory offense of criminal law legislation. First, the statutory crimes committed in the legislature is selective. Selective guilty of the crime of statutory legislation needs to Modesty concept of criminal law as a guide, pay attention to a necessity. If the non-penalty ways to achieve the purpose, it is not necessary to use harsh punishment. Statutory offense legislation, if in violation of "one law" norms of civil and administrative penalties can be used to achieve the purpose of prevention and protection effect, then, it is not necessary to be defined as a crime, unless violations of the law has serious torture necessity of social harm. Influence of interest groups affected, Li committed the crime of statutory interest groups likely to be captured in order to establish the norms favorable to the interests of the Group, there are many statutory offenses committed are related to the protection of the interests of the group, guilty of statutory legislation and have to consider this level.Secondly, the legal practice of committing legislative Germany, Japan and the Anglo-American countries to inspect, analyze the pros and cons, learn from the experience of extraterritorial legislation beneficial practice. By examining found guilty of statutory legislation currently there are three main forms, namely in the form of the Criminal Code, an independent form and dispersed form. At present, China is respected scholars dispersed in the form of legislation. The current legislation, the legal guilt guilty of multiple counts be in the form of a blank expression, which determines the guilt of having committed an indirect legal content, plasticity and variability.Finally, the Analysis committed statutory legislation, In view of the adoption of the Criminal Code provisions of the status quo in the form of uniform crime and punishment, drawing on the experience of extraterritorial legislation, based on the form of legislation advocated decentralized model, guilty of statutory classification requirements. Taking into account the contents of the crime and sentence into two areas, to avoid excessive intervention of criminal law, adjust the size of the circle of crime, crime prevention and the expansion of both the development of Africa and Africa crime. Also note Mitigation of punishment, the penalty applies mainly to improve tion system.The third part is a statutory offense in the Criminal Code apply. The first is to grasp the legal commit incrimination is what legal basis, given the statutory illegality committed by the double features in its grasp incriminate basis, the need to "one law" normative illegality and criminal illegality unified. Violation of "one law" norms only general offense, if the amount of damage reaches the required criminal law, it has criminal illegality. Quantified according to criminal law, the law makes violations from time to rise to the criminal law offense, only take into account the two, in order to accurately grasp the legal basis for criminal law incriminating.Secondly, the interpretation of the characteristics of a statutory offense. As the statutory violation is committed prohibition laws, so when its interpretation must be based on the existing legal norms, adhere to standard stances. Due to legal ethics commit weak color itself has a professional, highly covert features, while its interpretation, we must break the "three normally" theory, based on a specification of the relevant provisions of law, in order to make a professional, precise explanation.Third, to discuss the issue of statutory illegality committed by understanding. Illegal cognition has a special status in the statutory offense in question, a direct reflection of the person’s behavior and the results of subjective vicious mental attitude. Statutory acts committed in violation of "one law " when unlawful sexual norms are met, this understanding of the behavior exhibited the subjective evil, sin close contact subjective.Fourth, the research questions of statutory strict liability offense under the principle of unity of subjective and objective. Strict liability does not require the perpetrator’s subjective guilt be proved, mainly in nuisance crimes. The existence of strict liability in criminal law, academia disputed. In legal transgressions, mostly related to public order, environment, food and other nuisance crimes provisions, these nuisance crimes in practice is difficult to prove the existence of subjective guilt, if strictly adhere to the principle of unity of subjective and objective, it will inevitably lead to indulgence nuisance crime situation. Strict liability does not require subjective fault is not just a procedural considerations, does not need to prove it, does not violate the principle of unity of subjectivity and objectivity.Finally, the criminal law applicable statutory guilty of doing a review. Clear violations of criminal law and a law distinction, emphasis on "a law" norms apply when incrimination, the right to commit crime or to grasp the legal boundaries. On the subjective sins committed statutory authorization, if the perpetrator recognize violations of "one law" norms, there is awareness of the illegality and harmful behaviors will continue to implement it, can be established intentional crime. Given the dual statutory illegality committed in specific judicial practice, the perpetrator may face double penalties, need to take dual responsibility, it does not violate the principle of punishment once.The innovation of this paper is:First, in theory, the legal and administrative offense committed separately, in theory, get rid of the long-term will be equivalent to the statutory administrative offense committed and misconceptions, in fact, there is a big difference between the two, such the difference between the two is the real meaning is different; Second, the nature of the offense,"Pu Chang " of the corresponding proposed statutory offense of" extraordinary nature " feature, this " extraordinary nature" of the theoretical value of the authorized guilty to expand, not only confined to explain the phenomenon of crime in the criminal significance, this feature statutory commit criminal acts of the nature of legal certainty, understanding its social harm problems can provide new ways of understanding, but also to better grasp the legal commit-incrimination deep-seated reasons, from the terms of the professional, legal commit many special features to explain the phenomenon of crime, therefore, and the judiciary, the use of a statutory offense characteristics of practical significance in the legislation; Third, the statutory offense of "extraordinary nature" feature and "a law" to combine the use of standardized, it is also on the "one law "norms in order to better explain the use of incriminating evidence and explain the features of a statutory offense, which is the "extraordinary nature" reflects. Therefore, the understanding of the problem of offenders convicted of, not in accordance with the so-called common sense to understand. Fourth, the "capture theory" and Tolerance of Criminal combine stand guilty of the crime of statutory interpretation selectivity problem, explain the legal protection in the State to commit the crime of interest groups, which is to be some special kind of crime legislation reason for the existence; Fifth, the specific meaning of strict liability to be clear. Anglo-American criminal law offense of strict liability is not necessary to prove the person’s subjective guilt, some scholars believe that the introduction of strict liability, breach of the principle of unity of subjective and objective, in fact, strict liability is not required to prove subjective guilt, is not required, nor is it does not exist subjective sin. Subjective guilt is an objective reality, there is no sin crime is impossible, therefore, in the field of introducing a statutory offense of strict liability is not inappropriate.Inadequacies of this article is:Because deep theoretical research, the knowledge is limited, in the interpretation of some of the problems seemed to be somewhat difficult, such as understanding the legal issues of illegal sex offenders, strict liability description of the problem, it exposed the theoretical study inadequate levels, which is in need of improvement.