A Study On The Concept Of Crime In Contemporary Russian Criminal Law

The concept of crime is the foundation of criminal law science and an important part of criminal law.If crime cannot be accurately defined,it is impossible to distinguish crime from other similar acts.There is a close internal relationship between the new Chinese criminal law and the Soviet criminal law.The study of the concept of Russian criminal law crime can provide necessary reference for the debate on the concept of criminal law in China.Due to the different criminal law tasks in each period,Russia has formed different legal cultures and positions.The relationship between social harmful content and criminal illegality has also changed with the criminal situation and the criminal policy of combating crime.During the period of Russian social change after the disintegration of the Soviet Union,the Russian academic community once appeared to have a non-normative nature of social harm,which may reduce the possibility of citizens predicting their own behavior,and thus appreciate the theoretical trend of the concept of criminality.After a big discussion in the Russian academic community,the current Russian Criminal Code continued to retain the concept of mixed crime.In the post-Soviet period,the outline of Russia's new criminal legislation was defined: the protection of human life and health,the supremacy of international law and the humanization of criminal responsibility for minor crimes.The concept of mixed crime is highly respected because it also emphasizes the criminal illegal nature of crime and thus avoids the possibility of criminal analogy.The current Russian criminal law stipulates four characteristics of the concept of crime: social harm,criminal illegality,sin and punishment.Theoretical controversy is necessary to promote the development of academics.Only through continuous academic argumentation can the problem be studied more thoroughly.The current criminal concept of Russian criminal law has several advantages: the substance and legal attributes of the crime,namely social damage and criminal violations,are clearly defined;the relationship between the social harmfulness of crime and criminal illegality is clear,and social harm and criminal illegality together represent crime;the necessary subjective attributes of crime,namely sinfulness,are clearly defined;the standards and types of legal language are followed in terms of language expression;the concept of crime is regulated in accordance with the classical species structure.From the evolution of the concept of Russian criminal law crime,Chinese criminal law should maintain a mixed criminal concept as the basis for the classification of crime and non-crime;the social harmfulness in the concept of crime does not contradict the principle of legality of the crime.The mixed concept of crime has become the cornerstone of the criminal legal system of China and Russia,and it has the effect of taking the whole body and moving the whole body.The role of the concept of mixed crime cannot be evaluated simply and in isolation,but the meaning of the mixed criminal concept should be understood throughout the criminal and criminal law theory.