Elements Performance To Weigh Theory From Individualized Function As A Clue

Today civil study criminal law, crime on the system class has gained theoretically reach some kind of consensus, but at the same time for internal reflection class crime on the system are carried out. Elements Elements theory from behavioral development to say when it comes to the type of offense and ultimately to the type of offense· responsibility, said since its individualized function seems to be of a comprehensive and thorough. But in recent years, has become the common theory says the type of offense· responsibility by the type of behavior that the law says the type of criticism, its influence has gone down. In the absorption of newly developed theory of criminal law at the same time, why the attention of scholars have actually turned neoclassical system behavior from the destination on the system, or to a more distant classical system? This seemingly "look backwards" appearance, in fact, the results scholars Elements reflection and choice of functions, especially those based on the results of the performance of individual reflection. It is the full text of this confusion, divided into five parts on the constituent elements of various functions carried out radical reform, restore its real existence:Part Ⅰ:Elements originator brief history and function of individualized attention theoretical background, since the elements constituting the theory since produced various constituent elements of the complicated function of the existence of conflict, of which the most typical function with individualized, individualized attention to function, they are bound by the normative elements of subjective elements to achieve full of them, should be normative factors and subjective factors to reflect both the feasibility of this path.Part II:the existence of normative elements of individual performance but false representation, because there are elements of form and substance Elements explain the inevitability of convergence objective, it should be illegal, of course, the presence of putative function. Therefore, only a microcosm explore individualized performance from subjective elements.Part III:subjective factors will lead to systemic contradictions crux, which includes responsibility for the presumption of thinking, deliberate system of positioning, Elements of crime types and special subjective elements.Part IV:The critique of the performance of individual underlying theoretical support, individualized punishment dualism of thought and ideas, giving scholars Elements eliminate excessive function of "good intentions" to make the complicated criminal system to simplify, in order to facilitate the identification and criminal judicial practice of human rights protection. Therefore, the function of the individual constituent elements are removed from the out is perhaps more reasonable choice.Part V:trying to stand on the perspective of existentialist philosophy and values, and to define the impact of today’s functionalist concept of criminal law doctrine of criminal law, to systems thinking and objective thinking, ontological and normative theory pry deeper impact elements of context theory development function.