Research On The Degree Of Violence In Criminal Law Related To Violence Crime

Violence as an important behavior type in the criminal law,has traditionally been the object of criminal law on regulation.Yet studies involving violence crime of violence especially violent degree few in-depth discussions,the judicial practice,the involved violence crime of violence,especially the considerable difficulty of violence,because it involves some basic principles,the basic theory of criminal law,also there are some controversy.To wade of violence crime,the comprehensive understanding,on the one hand is to the involved violence crime of violence itself as a typed,in-depth analysis of the behavior structure and basic characteristics,rich in specific provisions of criminal law theory;On the other hand also can strengthen the in-depth understanding of the specific crime objective aspect,for involving violence crime in the judicial practice the cognizance of the crime and he sin to provide theoretical help.Therefore,the level of violence in the involved violence crime further system research has important theoretical and practical significance.China's criminal law provisions not to explain the concept of “violence” to make sure,there are no clear on the explanation of criminal law connotation revealed that less to parse “violence”.Doctrinal are mostly only stay in a crime form for definition of degree of explanation of the concept of violence,violence,and not form a common understanding,to spread in the specific provisions in various forms of violence has not made,this paper explores the classification and system status in the less violent crime from the perspective of criminal law norms research about the definition of “violence” mode.In this case,we further the study of violence involving violence crime is conducive to our understanding of violence involving violence crime.This article through to the specific provisions of criminal law involved in the crime,one can define the concept of“violence”and the need to define the degree of violence in the specific provisions of violent crime to comb,on this basis,the study defines violence degree of two modes: the traditional model of boundary theory and the theory of competition,to evaluate two defined patterns,is proposed in this paper,the view that modified the advocates of economic co-operation and development theory,the crime of forced transactions,the typical violent crimes such as robbery,obstructing public business analysis,the level of violence in the hope of the degree to which these violent crime crime from the induction summary to find out the reasonable standard of determine the level of violence and violence against various degree of reasonable definition,strive for specific the precise criterions for the conviction of violent.