Legal Analysis Of Innocent Escaping From Prison

Whether innocent escape to constitute a crime is a seemingly simple but dilemma of the criminal law theory, which contains profound criminal jurisprudence.This problem from the theory of argument, and to crack this problem, in fact want to follow the principle of value things, have to make value judgments in argument, but this kind of value judgment must adhere to the principle of the unity of logic and history, namely, logical positivism and the unification of the experience on positivism on values.Is guilty and not guilty two completely opposite views, mainly on the basis of political philosophy on the issue of qualitatively different, that is the result of liberalism and communitarianism two classes of ideological logic starting point is different, the former highlight the absoluteness of personal right, which emphasizes the interests of the community community.Liberals tend to be not guilty theory point of view, and community activists tend to guilty theory point of view.In the first chapter whether innocent escape to constitute a crime of this question in the criminal law theory, qualitative, most of the scholars of criminal law deals with the question of innocence theory view, the main reason for involving emergency actions, expected possibility, self-help behavior, etc.Their main corresponding resistance is crime of criminal law theory, these views for the Chinese and foreign criminal law theory and criminal law norms in the deterrent criminal proceedings its use of the differences is the result of the different crime constitution theory.Deterrent criminal proceedings from the perspective of legal norms, as on the surface are more likely to draw the innocent escape constitute the crime of escape to find out the reason.Guilty theorists in a word, only the innocent escape escape sin.Explained the reason to the arguer claims of innocence, the main there is emergency actions, social theory, lack of expected possibility and self-help behavior.Emergency actions tone will be innocent held status as a danger happening, namely the innocent person free in real danger, subjectively think escape from regulatory authorities is in order to avoid risk, so the innocent escape is safety behavior;Society quite theory with the history form as the judgment standard of ethical order, think the innocent escape have moral legitimacy, and accepted by most people;Advocated the theory of anticipated possibility of innocent escape while damaging the regulatory authority supervision order, but it is because of its escape reason leading to escape behavior does not have the blame possibilities, so the person does not need to bear criminal responsibility; Behavior that fact innocent after the error by the national authority held, there is a conflict between countries to protect the legal interests, the essence of illegality judgment is one of the essential steps and links, so the innocent escape is a kind of self-salvation completed.In the second chapter reveals the generate guilty and not guilty on the profound reasons behind the view differences, based on the qualitative differences in political philosophy, the problem in the first aspect focuses on the conflict for the freedom and order, the former emphasizes the protection of personal liberty is preferred in the maintenance of order in the states, which highlights the order of social community takes precedence over the rights of the individual absolute; Man is the product of society, this also is doomed to no man can be separated from social relations and immune, but maintain the norms of social relations are not limited to the law, also includes moral, habits and customs, etc., but evil crime is not necessarily always moral evil and adapt to each other, hard to avoid can also occur from each other, then can produce the contradiction of the second aspect, namely method and situation of contradiction; Criminal law in essence always there are two kinds of views, protect human rights or maintain social order, the former let nature take its course to the 3 essence of the crime is to infringe upon the behavior of interests, the latter is logical to assume that the nature of the crime is a violation of the effectiveness of the method of specification, creating a third aspect of the contradiction, namely the nature of the criminal law.In the third chapter of the first chapter puts forward four innocent theory point of view to conduct a comprehensive and in-depth review.First is the negation of the emergency actions, the first, emergency actions only applies to sudden real dangers, forced to work on, and makes every effort to protect the interests of significantly greater than the infringement of the interests of safety behavior.Innocent escaped without according with afore-mentioned conditions, regulatory authorities held behavior is legal, so innocent human rights is not in danger happening.Second, the law of our country’s emergency actions with the mainland legal system country of the provisions of the emergency actions on criminal responsibility have the difference, our country has not only set up emergency actions of crime regulation, while Germany and Japan, have set up the crime but not the emergency safety rules of criminal responsibility;Second is quite theory with social question, first, the social rather fuzzy judgment standard.In the second place, from "belongs to the bridge, the bridge road return" thinking mode, the innocent should escape behavior does not prove that escape the legitimacy of the results; Again is a reflection on the theory of expectation of possibility, to express ideas are nothing more than the theory of anticipated probability method is not coming, but the lack of corresponding legal provisions on judicial application support, and the law is the best way to characterize the criminal law theory, the innocent can’t be your own judge;Finally the criticism of the self-help behavior, save your behavior is a continuation of relief measures in the criminal law in civil law, with the justifiable defense actions are mutually exclusive, and only used for property crime, self-help behavior cannot recover the crime infringes upon the right.In the fourth chapter is in the third chapter contradictions and deconstruction theory point of view, on the basis of innocence presents the innocent escape if the case constitutes a crime, and through the crime constitution theory from two aspects of objective factor and subjective factor to this question has carried on the theory of semantic interpretation of law.By theory of crime constitution is the path of the docking the case facts and legal norms guiding function, to the detention of judicial organs behavior was conducted in accordance with the criminal procedure law, the innocent with criminal illegality and crime of escape behavior is behavior person to specification in violation of the three reasons as the main basis, in theory to reconstruct the innocent escape if the case constitutes a crime, provide evidence and tries to emphasize the law first and legal consciousness is a process of our now the rule of law and judicial practice in the indispensable quality and attitude.With the introduction, extraterritorial criminal jurisprudence theory of our country criminal law educational world also showed the trend of prosperity, but there are also hidden danger of running out of indigenous theory, which also reflects the Chinese scholars to its theory is not confident performance and the pursuit of foreign theory blindly blindly.