Study On The Destruction Of Crime

The destruction type crime is a common kind of crime in the criminal law, but the academic circles still lack of the overall grasp of this type of crime problem. In the existing researcher, they didn't regard it as a central issue to be discussed, and don't form a complete theoretical framework for research, so, theoretical system of this kind of the problem is not perfect. Therefore, to destroy crime research, can not only start from the overall grasp of its general rules, but also in the specific operation, summed up the expe rience of the problem, and as far as possible to resolve the confusion and controversy in the face of this type of crime.Based on the above consideration, I start from the principle of the destruction of the crime, through the analysis of the damage concept and scope of crime, so as to analyze the structure of the crime of destruction of the crime. Then, put forward the personal views on crime and crime of destruction; finally in contrast destroyed committed crime of domestic and foreign legislative overview on, put forward to perfect the concrete opinions and suggestions on the legislation of this kind of crime. Finally, in contrast to the domestic and international legislation of the destruction type of crime, the specific opinions and suggestions are put forward to improve the legislation of this kind of crime.This paper is divided into three chapters. The first chapter is "an overview of the destruction of the crime", including three parts: the meaning of the destruction of the behavior; the characteristics of the destruction of the crime; the crime of destruction of the crime. In this chapter, the author first analyzes what is the act of destruction, on this basis, elaborates the basic characteristics of the crime of destruction. Finally, from the unfinished form of crime, three aspects of accomplice of the crime of crime discusses the crime of destruction.The second chapter is "crime and non crime of coordination", consists of two parts, respectively is destroying the criminal and civil law and the coordination of damage type crime and illegal administrative coordination. In this chapter, the author analyzes the coordination relationship between the destruction of crime and civil law and administrative law from the perspective of the coordination of t he specific performance and coordination of the two perspectives.The third chapter is "the comparison and reference of the legislation of the crime of destruction", including two parts, which are the comparison of the domestic and foreign and the perfection of the legislation of the criminal law. In this chapter, the author compares the legislative situation of C hina and Germany, Japan, Britain and the United States in the destruction of the crime, summed up the legislative proposals to improve China's criminal law in the destruction of the crime.