Research On The Limit Contract Of Abstract Dangerous Crimes

Based on a large number of observations in life experiences and typical dangerous behaviors typical of the public domain,criminal legislators use the concept of "danger" to create a crime type of abstract dangerous criminals.It is hoped that through this type of crime.To be punished in advance,with a view to achieving the role of social prevention.This article focuses on the abstract dangerous criminals,summarizes the current scholars of all countries on the definition of dangerous criminals,and then elaborates on the basis of the punishment of abstract dangerous criminals,and turns to the domestic perspective on the feasibility of reducing the risk of abstract abstract criminals,as well as abstract our risk Legislation and Judicial Approaches to Limited Crimes.In addition to the introduction and conclusion,this article is divided into three parts:The first part: the concept of abstract dangerous criminals and Abstract Dangerous Criminal Penalty Basis.Although no clear definition of the concept of abstract dangerous criminals has been drawn up yet,the existing viewpoints can be broadly summarized as follows: Abstract dangerous criminals are a kind of simulated danger that can be judged simply by formal judgment Abstract danger;excluding the harmful result and specific danger,the definition of abstract dangerous criminals is given from the opposite side;the abstract dangerous criminals are the early stage of specific dangerous criminals;the result non-valueist puts forward that not only theabstract judgment of dangerous criminals should be formalized,To specifically assess whether there is a real danger,and the result of the danger is to identify abstract dangerous criminals independent elements of the crime.It is of great realistic significance to study the punishment basis of abstract dangerous criminals for the purpose of further studying and restricting their "criminal circles".The basis for the punishment of abstract dangerous criminals can be roughly divided into formal and substantive.Forms can again be subdivided into fictional dangers to say that behavior commits analogy,said the general danger said.The doctrine stands in the behavior of worthlessness,that the ascertainment of abstract danger do not need to examine the behavior lead to the possibility of legal benefits infringement,only infringement to meet the statutory requirements.In fact,the "abstract danger" in the meaning of the result is taken as an explanation of the substance through two different perspectives:the judgment of the dangerous state and the investigation of the legal interests infringement.Although both formal and substantive advantages and disadvantages have their own merits and demerits,based on the modest principle of criminal law and related criminal policies,the substance of the theory of criminal law can be more firmly established and provide the basis for the initial reduction of "criminal circles" for the ever-expanding abstract danger criminals.Part ?: Feasibility Study on the Limitation of Punishment Scope of Abstract Dangerous Offense in China.In the case of abstract dangerous criminal theory is not yet complete,the domestic criminal legislation in the recent "Criminal Law Amendment" continue to increase the name of abstract dangerous crime or the original charge into an abstract type of dangerous criminals,resulting in the domestic criminal law crime and punishment system is not coordinated,It is difficult to truly play the role of abstract danger to prevent social risks and protect national interests.In fact,part of the abstract risk offender evaluation is too extreme,light punishment is necessary;abstract dangerous criminals in our country become a substitute for administrative law,administrative law "powerless" birth abstraction dangerous crime name;The abstract danger as a "risk society",to some extent misled the abstract dangerous criminals legislation.Then from the theoretical level of discussion betweenthe reasonable level and the illegal level,we can see that the choice of the restriction path must be further substantively explained on the basis of formalization.Although how to explain the "abstract danger" in substance There are still some doubts about the method.However,after all,the legislative backgrounds of different countries are different,and the specific restriction theory should be based on its own national conditions.Part ?: Exploring the Limiting Path of the Scope of the Penalty of Abstract Dangers in China.Constructing Abstract Dangerous Crimes from the Legislation and Justice Levels.Legislation must adhere to a positive and steady attitude,optimize the connection mechanism between administrative law and criminal law,and introduce the theory of administrative penalty on the one hand to resolve the weak state of administrative law enforcement and on the other hand provide a buffer for abstract dangerous criminals.The establishment of special suspend the provisions of the Penalties.Strengthening the application of the procedural elements makes the subjective viciousness small,and the perpetrators of the first crime have the opportunity to correct mistakes,make up for their mistakes,and restrict the abuse of penalties by judicial organs of our country.Judicial level,from the point of view of the criminal law system and the definition of the "proving clause",both the concept of crime and the conception of crime can affirm the application of the "proving clause" to abstract dangerous criminals.Since all abstract dangerous criminals in our country are deliberately placed under the guise of deliberate crimes,if the perpetrator has no subjective intent on the typed danger arising from the act,he should rule out the name of the offense applicable to abstract danger.Abstract Dangerous Crimes is a kind of legislative presumption.Under the premise of substantive interpretation,it is necessary to affirm the significance of contradictory evidence in reducing the scope of punishment of abstract dangerous criminals and in line with the status quo of monorail legislation in our country.