Study On The "Violence" Of Chinese Criminal Law

As a behavioral element,“violence” has great uncertainty and relativity in the interpretation of criminal law.We can divide the "violence" into three categories according to the section position of the different crimes in the section of the law,the supplementary elements and the means to the crime,after that,we can analyze the object,degree and way of the "violence" in depth.Violence develops from psychological compulsion to physical coercion.In the criminal law,"violence" has a direct violation of the personal rights of citizens,so it can only be directed against people,rather than be against objects.At the same time,"violence" only acts as a kind of act,it can never evaluate the value of the sentencing alone,without considering the form of the stop of the crime.Only with the help of the violation of the object,the result of the infringement,the violation of the environment,etc.(the violence itself represents the criminal intent),"violence" can be meaningful to the sentencing.So,we can not evaluate the "violence" of a crime only by the statutory penalty of a crime,not to evaluate the extent of the "violence" in the whole criminal law.The "violence" in the criminal law is only a pronoun.In its extent of action,it does not differ from the violence in our daily semantics.It is simple like slapping,serious like murder.In the punishment of criminal criminal law,the requirement of the degree of violence is taken from the scope of this.For the “violent” crime,conviction and sentencing is a double evaluation of the nature of crime and the amount of crime.When we evaluate a crime,we should try tobreak our mindset and abandon the narrow view of which “behavior deciding the crime”.In addition,"violence" is closely related to other crime methods,so there will exist some conditions that in some similar behavior of the "violence" related crime,both the crime and the punishment are with greater difference.To solve these conditions,we can not determine the trend of conviction and sentencing only on the basis of behavior,but on the basis of both the intentional content of the comprehensive actor(subjective evil)and the external exposure(objective harm)of the crime result,to make the severity of the penalty suit for the nature and severity of the social interest that the harm behavior infringes.