The Study On The "Violence" Of Chinese Criminal Law

Literally, the concept of "violence" has its inherent meaning, while the meaning will change in different contexts. In the real life, violent crime has become an undesirable threat in people’s lives, health and property, and it also destroys social stability and development. As an important type of behavior in the criminal law, the connotation of "violence" should be defined clearly. However, as far as the rules of the living Chinese criminal law is concerned, “violence” have not been defined commonly, so as in the external criminal law. The common meaning of “violence” can not be reach an agreement, so that learners have to analysis specific cases in different situations, which leads to numerous straits in the explanation of criminal law and its application to law. For example, the objectivity and degree of “violence” has its own features in robbery, which is the key reason to distinguish from looting. As a matter of fact, we can find out lots of common sense by “violence” itself, such as definitions, features, types, functions, meanings, etc.. As the author believes that since the act of “violence” is a standardize behavior in criminal law, so it is quite necessary for us to know the criminal law having the clear meaning of “violence”. We should study from the perspective of “violence ”as a whole to summarize its common sense, which will make theoretical sense and practical value in legislation and judicature.Using the violent connotation as the point of penetration, the thesis explores the connotation of public life context and the norms of criminal law under the context of violence, and expounds its characteristics as well. By means of bonding violence of the contextual meaning and the study of violence criminal law at home and abroad, the paper puts forward the objectivity and subjectivity on violence, the features with various degrees of violence, and distinction among other relative definitions. Then analyzing the differences of violent connotation between public life and criminal law; and specifically combing stimulation involving violence in Chinese criminal law, including violent crime written and unwritten in the criminal law, the author thinks that the "implicit" violence is also the key to research violent crime, so violence can be divided into three types. All in all, the paper analyzes the significance and effect of violence from the perspective of crime and punishment. Therefore, the connotation of violence provides a theoretical reference for the identification of violence in judicial practice in order to solve violence and related problems.