The Study On The Essence Of The Criminal Illegality With An Advocate Of The Dual-Core Handlungsunwert

The study on the essence of the Criminal Illegality has long been the focus, hotspot and difficult point. In general, the major divergent viewpoints about what Crimina Illegality is fall into two categories, namely the Handlungsunwert and the Erfolgsunwert. Lots of renowned scholars hold entire different viewpoints on this issue. Some scholars insist that criminal illegality of conducts result fromthe consequences certain conducts bring about, while some scholars believe that the Criminal Illegality comes from the conduct itself. The divergence on this issue usually determines the fundamental difference of their academic subjects. In this thesis, the concept of the Criminal Illegality will be firstly introduced before a detailed study on the origins and developments of the Criminal Illegality. Then a specific discussion on the Utilitarianism will be made, which is mostly about the foundation, origins, catagories of the Utilitarianism. The Utilitarianism is the origin of Handlungsunwert and Erfolgsunwert, which will be the major points of discussion in the thesis. After that, the different connotations, development path between the Handlungsunwert and the Erfolgsunwert will be particularly stressed, leading to a whole new concept—the Dual-Core Handlungsunwert, which is the organic synthesis of the Handlungsunwert and the Erfolgsunwert. After a series of comparisons between the Dual-Core Handlungsunwert and the Erfolgsunwert, the central conclusion is drawn that that Criminal Law is a determing norm, which everyone ought to comply with. The Criminal Illegality is a comment made on the conduct itself. Meanwhile, the Criminal Law never impose penalties on people when they make conduct, but their conduct does no harm. Only when people intend to do harmful things and cause damage, will the Criminal Law intervenes to give punishments. Therefore, the Criminal Illegality is not just pure Erfolgsunwert, but the Dual-Core Handlungsunwert, which is based on Erfolgsunwert and makes an extension on Hand lungs unwert. The Dual-Core Handlungsunwert has tremendous advantages over the Erfolgsunwert and the Hand lungs unwert. The Dual-Core Handlungsunwert is more proper for modern legal society, in which the law is meant to combat crimes and protect human rights. The Dual-Core Handlungsunwert can do better job in defending people’s basic rights and keep them free from recklessness of law enforcement. More importantly, under the structure of Chinese Criminal Law, The Dual-Core Handlungsunwert can better fit in, because the philosophy and methodology of the Dual-Core Handlungsunwert are very much compatible with Chinese Criminal Law. Accordingly, the Dual-Core Handlungsunwert is the superior choice for Chinese Criminal law. With the Dual-Core Handlungsunwert, the Criminal Law is more capable of defining the boundary of the Criminal Illegality, and finding out reasonable solutions to complicated problems in the Criminal Law.The thesis is made up of seven parts, including the Introduction, the Outline of the Criminal Illegality, the theoretical basis of the Criminal Illegality, the Essence of the Criminal Illegality, the Implication of the Dual-Core Handlungsunwert under the Rule of Law, the Chinese routine of the Dual-Core Handlungsunwert, the ConclusioaThe first chapter, the Outline of the Criminal Illegality. The first section of this chapter introduces the basic concept of the Criminal Illegality. The second section of this chapter details the basic issues on the origins and evolution of the Criminal Illegality, emphasizing the developing course of the Criminal Illegality within different legal systems.The second chapter, the theoretical basis of the Criminal Illegality. Starting with the origins of the Criminal Illegality, the first section of this chapter focuses on the concept and various forms of the Utilitarianism, leading to the introduction of debates between the Act Utilitarianism and the Rule Utilitarianism. The second section of this chapter demonstrates basic forms of the Utilitarianism in the field of the Criminal Illegality, emphasizing the Handlungsunwert, the Erfolgsunwert and the the Dual-Core Handlungsunwert. This section of the chapter reveals the major contents in the study of the Criminal Illegality.The third chapter, the Essence of the Criminal Illegality. The first section of this chapter introduces the basic connotation of the Criminal Illegality, focusing on the antagonism between the Handlungsunwert and the Erfolgsunwert. The second sectbn of this chapter deals with the most significant and intense debate, namely the antagonism between the Erfolgsunwert and the Dual-Core Handlungsunwert. Starting with the different standpoints of conduct and result, crime prevention, justification causes, which the two of them hold, the thesis goes deep into what makes them different from each other and reveals the essential divergence of them. The third section of this chapter brings up the key standpoint of the whole thesis that the Dual-Core Handlungsunwert should be set as the essence of the Criminal Illegality and should be advocated.The fourth chapter, the Implication of the Dual-Core Handlungsunwert under the Rule of Law. Starting from the ideals and goals of the Rule of Law, the first section of this chapter promotes the Dual-Core Handlungsunwert to a higher level under the integral legal system. The first section of this chapter points out the controversial critic ism that the Erfolgsunwert raises upon the Handlungsunwert, which is about the Handlungsunwert failing to protect people’s freedom and rights and has been long debated by concerned scholars. The second section of this chapter indicates the responses made by the Handlungsunwert to the criticism that the Erfolgsunwert rasies. After that, the third section of this chapter discusses the advantages that the Handlungsunwert has over the Handlungsunwert in the protection of human rights and freedom Therefore, the Dual-Core Handlungsunwert is more appropriate for the cause under the Rule of Law.The fifth chapter, the Chinese routine of the Dual-Core Handlungsunwert. This chapter makes a thorough analysis over the theoretical value that the Dual-Core Handlungsunwert has within the system of Chinese Criminal Law from the perspective of Chinese legal system. The first section of this chapter aims at the relationship between the Dual-Core Handlungsunwert and the Chinese Criminal Law system and analyzes the profound value the Dual-Core Handlungsunwert has in maintaining and improving contemporary Chinese Criminal Law system. The second section of this chapter concentrates on concrete criminal problems. With specific terms of the Criminal Law, this section will demonstrate the tremendous advantages the Dual-Core Handlungsunwert has over the Erfolgsunwert in resolving specific criminal issues, which makes the Dual-Core Handlungsunwert so special and indispensable.