Study Of Violence In Chinese Criminal Law

As a serious criminal behavior type in the criminal law, the violence is irreplaceable and important role in various countries’ criminal legislation and criminal justice practice. The violence’s significance is exactly irreplaceable in the whole system of criminal law in our country, however, the concept is facing many problems such as, there is no unified legislative provisions in the current law system, the connotation is not clear, fuzzy, failed to form of unified standards. “Violence” in different subjects, different systems, different social relations even in different context has its particular meaning and emphasis, on that basis, discriminating “violence” in criminal law from Criminology and semantics or other in the doctrine of “violence”. You will find that most of the scholars are based on the perspective of criminology as the breakthrough of research, and explore the necessary of research on problems related to the crime of violence at present our country criminal law academic circles. Some scholars study violence from the criminal law itself, involving violence problem research which only existing analysis of the specific provisions of criminal law in a specific crime elements. At present, China’s criminal theoretical circle lack of present situation and development in systemic understanding of the concept of “violence”, can’t be able to analyze and refine the important criminal behavior type from general properties.Moreover, considering the violence comes down to the general criminal law, on conviction, sentencing and so on many levels that the significance of violence in China’s criminal law in itself will be become the concepts easily confused in our theory and judicial practice. Therefore, we have to reinterpret violence in Chinese criminal law by comprehensive and stereoscopic in a new perspective which starting from the clues of violence in the general criminal law, the role of unique connotation with conviction and sentencing under different system.This paper reinterprets the violence’s related theory in China’s criminal from the point of view of norm theory perspective, using the method of the comparative analysis. There are four chapters in the text. The first chapter defines the concept from the two aspects of different context and analysis of related concept connotation of violence in the criminal law. The second chapter discusses division and to further corresponding of violence in criminal law from the two levels of analysis of the characteristics and different types of division. The third chapter explains understanding of violence from general to specific in the book of criminal laws of China. The fourth chapter reinterprets violence in China criminal law according to the theory of legislation and interpretation theory to conduct a comprehensive, systematic interpretation of the unique position in the whole criminal law system of the dual perspective, under point view of value judgment and the criminal conviction and sentencing of the normative. The text highlight the violence of criminal law theory and criminal judicial practice, the important role of conviction and sentencing starting from two aspects general and specific provisions.