Research On Violence In Criminal Law

The occurrence of violence as a universal social phenomenon, is not only a sociologicalstudy content, is closely associated with punishment law. Violence than the general behaviortend to have mandatory, intimidation, for social harmfulness caused by a big not only rejectedby social public morality, more up to the level of criminal law to crack down on. Violenceform varied and complex, resulting in the criminal law theory and judicial practice for theregulation of violence there is chaos. Performance is: the theory of criminal law without theconcept of the violence causing the confusion between the similar concepts; Criminal lawtheory lacks the systematic study of violence and with outside of the comparison of thecriminal law; Lead to violence of artificial rule apply in violation of the principle ofsentencing balance; For minor injury caused by intentional injury is difficult to be behavioredinto sin; New violence legislation shortcomings; Existing in the judicial practice of violencerepeat evaluation. In view of this, the violence in criminal law research is not only necessarybut is desperately needed.The defining of violence in the criminal law is the logical starting point of this article,based on this, clearing the status of the violence in criminal law is the value pursuit. thelegislative and judicial of violence is the combining site of theory and practice, eventuallyclearing boundaries between acts of violence which plays the function of distinguishingdeferent crimes. The full text has five parts:The first part is the basic definition of the violence in criminal law. Analyses the broadsense of the concept of violence with violence in criminal law and clear the meaning of theviolence in criminal law. At the same time, the violence，intimidation behavior, other means,violent crime to carry on the boundary points avoiding confusion between the similarconcepts.The second part expounds the the value of penalty about violence which is the thefoundation of violence in criminal law theory and judicial practice. This part explained fromtwo aspects： legislation and judicial. value of their punishment, concrete from function,purpose, conviction and sentencing four dimensions for deep mining. why criminal lawregulating violence is the adress and the meaning of violence.The third part investigates the legislation of violence, including the legislative status quo and legislative issues. First of all, the Anglo-American law system and continental law systemare introduced respectively in the representative countries for violent behavior regulation,mainly examines the different from violence in our criminal law regulation of provisions.Secondly, from the classification and features of the violence on the analysis of the currentsituation of our country criminal law about the violence. Finally, the violence in our country’slegislation of artificial regulation, slight injury intentionally damage behavior of the standardinto sin, and to regulate the rationality of the new type of violence are discussed respectively.The fourth part has carried on the judicial investigation to violence. This section is onlyin view of the current situation of our country’s judicial elaboration, pointed out the problemof violence repetition of evaluation practice in our country. Through the typical case of rape,robbery, collecting, handling of money behavior after rape first summary on the status quo.The concrete analysis of violence repeat the question of evaluation of unreasonable.The fifth part has carried on the specification to violence. Including two aspects：perfectlegislation and the judicial. Violence against the artificial regulation, deliberately harmbehavior violence crimes, new regulation from three aspects of the perfection of law andjudicial interpretation. Violence to repeat evaluation problems in the judicial practice to beperfected through instructional cases.