The Relationship Between Criminal Law Diction And Crime Definition

The determination of charge is not only an important problem in the theory of crime in China’s criminal law system, but also an indispensable part of it. Although since the founding of the PRC, we have experienced many hardships in China’s criminal law and made many achievements in the theory of criminal law, but our practice in determination of crime is always be a controversial. Although scholars for convicted dispute often each sticks to his argument, but due to the lack of official recognition, usually it is only a theoretical argument. When determining the charges of the introduction of the provisions is dispute, the conviction is getting larger and larger, which, especially the problem of conviction of the rape of young girls.The reason which keep this issue remain controversial is that its changes play fast and loose. In December 9, 1997,the introduction of the "Supreme People’s court" on the implementation of the people’s Republic of China criminal law define the crime will be listed as a separate statutory rape charges, but in March 26, 2002 the introduction of the "Supreme People’s court, the Supreme People’s Procurator ate of the people’s Republic of China on the implementation of the criminal law to determine the Supplementary Provisions" charges, with the premise of criminal law article itself has no change, the judicial interpretation of the crime of criminal law canceled the rape of young girls, the history of the promise and then deny in succession in the determination of charge is unique. This paper is to seize such a unique special case, select two different angles to launch the elaboration. The first aspect is the provisions of the criminal law on the "girl" is a word related to the integrity of the sort, but not limited to statutory rape a crime, and in trying to sort out the relationship between the sort of girl with a neighboring groups. The second point is a crime of carnal knowledge, conducts the research from the history of vertical, so as to further exploit the unique reason.The full paper is divided into introduction and four chapters.Introduction, clearly put forward the research emphasis and angle of this article, namely, through the analysis of the rape of young girls, explain the profound influence on determining accusation of criminal law wording.Chapter one,is mainly a simple combing to which the paper will study of. First of all, explain the meaning of the charge, and the second is proposed in this paper to investigate the problem of determining the charges only includes two aspects, namely the charges expression and charges are independent as a crime. It also illustrates the selection of rape of young girls as objects of study.Chapter two, focus on the girl in the criminal law defines the particularity of the rape of young girls, prominent expression from the contrast of related crime in the girl. I made three tables, the charge of verbs as the standard for infant daughter related crimes in the specific provisions of criminal law are compared and analyzed, and points out that the girl positioning fuzzy, chaos of facts in the criminal law. At the same time, the author also put forward the rape of young girls are special in infant daughter related crimes, and the expression of this particularity and statutory rape laws related.Chapter three, focus on "theory of expression to rape, shall be given a heavier punishment", discover its meaning from the longitudinal development of history. Through the research, the author draws "to rape on the wording" originated from the ancient to the expression of customers crime, namely as "though and with strong" vernacular interpretation. Meanwhile, I also argue that "the rape of the rape of young girls" is a legal fiction. Statutory rape and rape are two entirely different crime. This makes the heavier punishment for rape of young girls is not according to the provisions. So the conclusion is that, the expression of the eight words is not reasonable, nor for the rape of young girls convicted guidelines.Chapter four, puts forward the suggestions to perfect criminal charges related to the girl. Suggestions in our country criminal law sets a regulation principles, limits on young girls and other nearby groups to be clear, let the criminal law have a definite basis in determining the girl related crimes charges.In my opinion, in this paper, the biggest innovation is to put forward a new angle of view and new choice. First of all, the author from the rape and rape of young girls division question angle, and to study the relationship between criminal law and the determination of charge of the wording, this is other similar articles that are not reflected in the. Study of other similar articles for determining accusation, principles or methods mostly concentrated on the determination of charge, but the author is starting from a crime, a crime and then extend the study to the charge of defining the problem, this is where the novel angle. Secondly, the author puts forward the rape of young girls not conviction is based on the wording of the influence, and from the historical analysis and comparative research of sin, a character with a view to a more comprehensive grasp of the rape of young girls. I think, this is what other articles do not have. These are also the values of this paper.