A Study On The Identification Standards Of Inviolability

Inviolability criterion is a dominant proposition in inviolability field and an important branch of inviolability.Only through the verification and inference of related problems can we accurately define and apply the related problems that cannot be committed.There are various theories on the criterion of inviolability,which are mainly divided into subjective and objective theories,so as to develop and extend different viewpoints on the basis of each other.The criterion of inviolability is an important basis for distinguishing unsuitable ACTS from attempted offences.At present,the academic circles cannot reach a unified conclusion on the discussion of inviolability,and the prevailing mainstream views of the country have been criticized by the academic circles,which cannot better adapt to the development trend of judicial practice.In recent years,there have been an endless number of cases concerning the determination of inviolability.According to the current general view,almost all the problems related to inviolability are attributed to the punishment of attempted crimes,except that the superstitious crimes were excluded from the possibility of crime at an earlier time.In the long run,it deviates from the concept of criminal law,which is not conducive to maintaining social stability and justice.This series of problems are due to the inviolability of the identification standard is not accurately applied.The specific danger theory conforms to the social equivalence theory of criminal law and the theoretical form of the unification of subjective and objective.The main purpose of the research on inviolability criterion is to apply it in practice.Once the determination standard is established,the controversial cases in practice will have a more reasonable solution.In this paper,five key parts of the definition of inviolability are explained.The first part mainly expounds the research background and significance,research status at home and abroad,research value,research methods and innovation points of the inviolability recognition standard.The specific innovation point includes choosing and insisting on the specific danger theory as the basic theory of judging and affirming inviolability standard and qualitative.As for the nature of all kinds of difficult judicial cases,it can be solved comprehensively under the identification standard based on the specific danger theory.The second part is the explanation of the basic problem of inviolability criterion.This part first defines the concept and characteristics of inviolability,then defines the nature of inviolability,so as to have a clearer understanding of the concept of inviolability.Finally,thepaper expounds the status and function of the recognition standard of inviolability in the research of inviolability,including the theoretical development process of the recognition standard and the status of the recognition standard of inviolability.The third part is the elaboration and evaluation of each theory of the inviolability criterion.The various theories about the inviolability criterion can be divided into two parts:subjective and objective.The subjective theory can be divided into pure subjective theory,abstract danger theory,impression theory and so on.The objective theory can be divided into objective danger theory,specific danger theory,etc.Through the discrimination of each theory,the advantages and disadvantages of each theory are analyzed,and the specific danger theory is advocated.The fourth part is the analysis of the establishment of the inviolability criterion and the application of the typology under the standpoint of the specific danger theory.In order to accurately define the inviolability criterion,it is necessary to have an accurate cognition on the premise of inviolability criterion--danger.In the academic circle,there are various theories on the interpretation and judgment of danger.Through the exploration of the definition of danger and the analysis of the essence of various doctrines,this paper focuses on the judgment and application of the danger under the specific condition of danger theory.At the same time,it is also of great value to the research on the application of non-typing,such as methods and objects.The fifth part is the qualitative study of typical cases of specific danger.It mainly starts from two aspects.On the one hand,it is the qualitative research of drug crime cases.The emphasis is on the qualitative analysis of drug trafficking and delivery under harmless control from the perspective of specific danger.On the other hand,it focuses on the qualitative research of sexual crime cases,which mainly analyzes the problem of wrong object in rape crime and the intentional crime of false AIDS patients from the perspective of specific danger theory.