Basic Theoretical Study Of Dangerous Crime

As a member of a globalized country,as an active participant in international affairs,China's influence on the risk society does not exist.Risk society is an objective for the current state of the world are summarized,the sources of uncertainty,artificial,a wide range of risk spread around the world,along with the development of the western industrial society at the same time also bring about the impact of the traditional social rules,different from traditional social risks to our criminal law theory has brought new unprecedented challenges.The theory of dangerous crime as the basic theory of traditional criminal law has been reawakened in the tide of globalization.The continental law system has always been sensitive to the theory of criminal law,and the study of dangerous crime is one of the important contents.Since the 1980 s,China has turned the traditional criminal law theory into a dangerous criminal and carried out systematic research.As a latecomer,we inevitably learn the theory of dangerous crime in Germany,Japan and other countries.Is due to the profound influence of the theory of Germany and Japan,and the country's dangerous crimes theory is the start and development,but because of the Chinese and foreign criminal theory system construction mode and etc.Has a unique understanding of nature of crime,there are certain differences.In this situation,combining with the actual situation of our country,it is necessary to study the theory of dangerous crime in our country.Intention to choose dangerous crimes as the research object,this paper based on the basic theory of dangerous offence committed to danger to re-examine,classification of the concept of controversy,dangerous crimes and related criminal form the inner link between specific problems,such as research and dangerous crimes criminal form,for the prosperity and development of the theory of dangerous crimes.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is an overview of the dangerous offense.This part mainly elaborates three problems.First,the theoretical basis of the legislation of dangerous criminals.The establishment of dangerous crime is the inevitable response of the criminal law to the social modernization risk.The establishment of the dangerous crime is the inevitable requirement of the pretreatment of legal protection.The establishment of dangerous crime is an inevitable choice based on the criminal policy of risk society.Second,the legislative evolution of dangerous criminals.Legislation for dangerous offences from 1979 to 1997.Legislation for dangerous offences since 1997.Thirdly,the concept of dangerous crime is defined.This part mainly elaborates two aspects: first,the danger of dangerous crime.Dangerous in dangerous crimes as a logical starting point of this article,through to the inside and outside the domain of the different definitions of the theory of risk analysis,concluded that the danger is a multi-level concept in criminal law,not under the same context presents unique connotation.Then the danger in the dangerous crime and the danger in the real crime are distinguished,and it is concluded that the risk presented in the former is not the same as the result attribute.In the end,the article argues that the danger in criminal law means the possible state of damage caused by criminal behavior to the legal interests protected by criminal law.Second,the concept of dangerous crime.The theoretical circle has a variety of characteristics to define the concept of dangerous crime.Generally speaking,scholars generally define the definition of dangerous criminals from different angles,such as the conditions of criminal formation,crime,and criminal punishment.After comparing and analyzing the advantages and disadvantages of various theories,this paper argues that it is possible to define the dangerous criminals by combining the elements of constitutive elements with the theory of criminal punishment.The second part is the classification of dangerous criminals.This section mainly elaborates three aspects.First,divided into specific dangerous crimes committed against dangerous dispute and abstract dangerous crimes are reviewed,there are mainly two kinds of views,one is in favor of the said claim dangerous crimes can be divided into specific dangerous crimes and abstract dangerous crimes,another deny this classification.Through analysis,the author affirmed the rationality of this classification.Secondly,the distinguishing standard of dangerous crime is expounded.By combing the four kinds of distinguishing criteria,that is,the standard of constitutive elements,the content of substance,the standard of risk,and the standard of risk assessment,have the overall grasp of the distinguishing standard.Finally,the specific danger and the abstract danger are distinguished.The author mainly discusses from two aspects.The first is to deny the idea that abstract danger is a concrete danger.Second,it negates the view that the danger urgency is the same as the high degree of probability in the specific danger.The third part is the comparative analysis between the concept of dangerous crime and related crime.This part mainly involves two aspects: first,the dangerous crime and the behavior offense,the result the crime division.There are roughly four controversial views on the relationship between the three.The first view is that the three should be parallel,independent and independent.The second is that a dangerous crime belongs to the offender.The third argument is that dangerous criminals are the result.The fourth is a eclectic view,arguing that specific dangerous and abstract dangerous crimes should be distinguished,and whether they are considered to be behavioral or consequential offences under specific circumstances.This paper agrees with the third theory that dangerous criminals should be investigated in specific cases.Second,the relationship between dangerous and attempted crime.This section discusses from two aspects.First,the dangers of dangerous and attempted crimes have different meanings.First of all,the danger of an attempted crime is not the same as that of a dangerous crime.The danger of the former is still attached to the behavior,which belongs to the category of behavior.In the latter,the danger is separated from the behavior to establish the state of the crime,which is the danger of the consequence.Secondly,the author believes that the relationship between attempted and dangerous crimes should not be confused.The crime of attempted crime is always in the principle of the general principle of the criminal law,while the criminal constitution of the dangerous criminal is regulated in the criminal law,which is the basic crime constitution.The fourth part is a review of the criminal form of dangerous crime.It is mainly explained from two aspects: the incomplete form of the dangerous crime and the number of crimes caused by the dangerous crime.First,the uncompleted form of the dangerous crime is divided into three parts.First,the preparation form of the dangerous criminal.By sorting out the disputes about the existence of the precondition of crime,this paper argues that the existence of the preparatory form of dangerous criminals is reasonable.And the author advocates not to deal with the preparation crime to punish.Second,the attempted form of dangerous crime.There are basically three propositions about whether there is an attempt to commit a dangerous crime.That is to say,negation,compromise.Through analysis,the author supports the idea of compromise.The author believes that there should be an unattempted offense in the dangerous offense,and that it should distinguish between the specific dangerous crime and the form of the attempted crime.Finally,the suspensions of dangerous criminals.It is mainly from the characteristics of the discontinuation form of the dangerous offender and the possibility of terminating the two aspects.This paper argues that the suspension form with space-time dangerous offence occurred in the process of crime,initiative,which asks the offender voluntarily abandoned its behavior effectiveness is effectively prevent crime the happening of the result.At the same time,the author advocates the suspension of the dangerous crime in the case of the termination of the dangerous crime.Second,the number of crimes caused by dangerous crime.First,the result of dangerous crime is aggravated.The author concludes by comparing article 116 of the penal code and article 119,paragraph 1,that it is necessary to affirm the existence of aggravated offense in the dangerous offense.Secondly,the law of the dangerous crime is concurring,and the author concludes that there is a legal competition in the dangerous crime by comparing the article 145 and 140 of the penal code.