Research On The Application Of The Concept Of Social Harm To China's Criminal Law System

After the 97 promulgation of the Criminal Law,a controversy over the concept of social harm.A critical scholar based on Professor C hen Xing Liang advocated the complete removal of the "social harmfulness theory" from the criminal law theory and replaced it with the theory of infringement of law.Today,the debate over the concept of social harm has not stopped.However,there are two limitations in the related research.First,most of them focus on theory of theory and less on criminal justice;the second concerns a theory that does not exist.Discussions and studies were initiated and there were serious mistakes.The traditional criminal law theory places too much emphasis on the significance of social harm.No matter whether the crime of incrimination,crime or sentencing is closely related to the harmfulness of the society,it ignores the criminal law's protection function for human rights,and it easily leads to the violation of the principle of legally prescribed punishment for crimes in the judiciary..However,this does not mean that social harm is completely abandoned.This article selects Xu Ting's case and Wang Lijun's case of corn acquisition,combines relevant theories,and conducts comparative analysis and analysis on the application of social harmfulness in China's criminal law system.It confirms that some of the cases have been used properly for social harmfulness and also found social harm.Problems such as the ambiguity of the concept of sexual existence,subjectivity of judgment,etc.Super-norm is the most chronic problem that social harm needs to be resolved.A summary analysis of the existing problems,to find the crux of the prob lem,and then put forward corresponding suggestions for improvement,such as the concept of the standardization,the function of limiting social harm in the crime,the judge's discretion and other norms.