On The Harmful Behavior And Regulatory Function In Criminal Law

At present, China's harmful behavior theory has not yet formed into a systematic theory, and whether it is the tr aditional four criminal elements system or the system of the th ree sectors of c rime in Ge rmany or J apan, sufficient attention have not been drawn to the ontological elements of behavior. Through a comparative analysis of the research status on harmful behavior at hom e and abr oad, this es say proposes to define and analyze harmful behavior from two dimensions, namely formal standards and substantive standards, of which, the former defines harmful behavior in term s of "Criminal Law Theory of Practice" aspect, stressing that justice practicability, and the latter defines harmful behavior from the aspect of "Criminal Law theory of developm ent", and adopts new interpretations of har mful behavior, highlighting the im portance of research on the substantive standards of harmful behavior. Ways to define harmful behavior are divided into for mal standards and substantive standards so as to further enhance the regulatory function of harmful behavior and pay more attention to the development ability of criminal law itself.By classifications of harmful behavior accord ing to its expression form s and analysis of the internal structure of harmful behavior, it is noted in this essay that the internal elements of harmful behavior is intera ctive, on the one hand trying to explain the complexity of harmful behavior, on the other hand providing a floor plan for further research and analysis of the harm behavior. Thus, it is noted that at the time of the harm behavior research, one should stay away from the traditional res earch paradigm of regarding harmful behavior as a part of constitutive elements of crime. Harmful behavior itself has a complex connotation, and ought to be examined from a broad perspective, with particular emphasis on substantive standards of harm behavior. While analyzing whether or not the behavior is harmful behavior, one ought to not only consider the form al standards, but also consider its substantive standards, so as to maintain both flexibility and fairness in individual cases as well as to p romote the development of practices and theories of criminal law by regulating judicial practices.The four criminal elements system is originated from criminal law theory of the Soviet Union, thus, domestic researches of criminal law theory adopts the principal of "endangering behavior" is the act that endangers society, which was one of the study objects of criminal law system of Soviet Union. Under this principle, to exam ine whether o r not a b ehavior is a harmful behavior, one need to c onsider "the nature of social interests injured by the behavior instead of the behavior's characteristics themselves." The current practices focus too much on formal standards of harmful behavior and do not pay much attention or even ignore harm ful behavior substantive standards. In this paper, the argument is to appeal to that while judging a behavior, one should apply the current original form al standards as well as substantial standards that have been ignored before. Finally, this paper, from perspectives of sociology, psychology and behavioral science, analyzes how to use the theo ry of harmful behavior to regulate possible crimes, so as to achieve ef fects of social integrati on, social control and psychological treatment on harmful behavior, only so can it tru ly serve the function that the Criminal Code punishes crime and protect the legal interests.