The Behavioral Offence Legislation

Behavioral offense is a type of crime generally accepted by modern criminal law theory in all of countries, which occupies a certain proportion in the criminal law stipulation. The establishment of Behavioral offense at home and abroad has important significance. It is showed a type of special crime form that different from consequential offense and potential damage offense. To striking and preventing crime, also better safeguarding national security and social order as well as the personal or property safety and so on, the legislative stipulation of behavioral offense plays an important role in prior intervention protecting. According to the accomplishment of crime theory, behavioral offense refers to, in the specific provisions of criminal law within the specific requirements of crime constitution, as a kind of criminal pattern it constitutes accomplished only on the basis of behavior fully implemented or not, instead of the harmful results caused by behavior for necessary condition. To the criminal law stipulation’s several crimes in current,theirobjects of crimes are very difficult to make definite description in the statute law. Stipulating behavioral offense is in order to precisely convict and punish. Establishing behavioral offense is not only to protect certain important objects of crime, but also to take more timely and effective measures to prevent society from prejudice. At present, in our country criminal law there are a lot of legislative stipulations of behavioral offense. But the legislation of our country behavioral offense has certain problems. There are a large amount of legislative stipulations of behavioral offense in the civil law countries represented by Germany and Japan, in the common law countries represented by Canada and in Hong Kong and Macao. Extraterritorial legislation of behavioral offense has the reference significance to the legislation of our country behavioral offense. So the legislation of our country behavioral offense needs continuous improvement, and some problems need to be improved. The behavioral offense legislation firstly should adhere to the principle of modesty, the principle of impartiality, the principle of humanitarianism three principles. And then in the criminal legislation of our country, through the reciprocal transformation between behavioral offense and consequential offense as well as potential damage offense, increasing new accusations of behavioral offense, along with the punishment of behavioral offense, we can make the behavioral offense legislation trend to be more and more consummate.