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Study on Decriminalization of Victimless Crime

Author: YanMin
Tutor: ZhengLie
School: East China University of Political Science
Course: Criminal Law
Keywords: Victimless Crime Decriminalized Legal interest protection Criminal legislation
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 115
Quote: 0
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Abstract

In this paper, based on the theory of criminal law and criminology theory, research methods of theoretical analysis and empirical analysis, as the core non-crime victimless crime, to clarify the theory of evolution victimless crime decriminalized philosophical basis, legal basis and practical needs, by reference to the extraterritorial relevant legislation provides practice more and reflect on our judicial practice for such a crime, and try to put forward their own legislative suggestions to the adoption of own-depth knowledge and understanding of this type of crime to solve complex and increasingly frequent victimless crime problem. No crime is the person is not a topic full of new ideas, through the collation of the relevant literature, I found that scholars explore the issue of criminal law and jurisprudence jurisprudence thus Criminology and Justice practice The angle this topic, sought to highlight their own thinking and new ideas. First of all, the definition of victimless crime concept in the cited scholars disputed several perspectives, drawn by comparing the victimless crime concept definition, that there is no direct victim out agreement, judicial relief difficult deviance. Secondly, in our discussions on the need to decriminalize victimless crime, from philosophy, jurisprudence, practice three angles. Legal basis, I tend to legal interest protection, but that part to enrich this doctrine. The so-called legal interests, must life interests of the individual, social, national, and to some extent on the moral, religious, ethical values. Must define the interests of life key principle is to adhere to the times, to get the recognition of the country, the vast majority of people. Adhere to the principle of legal pragmatism elaborated in practice based on this article, highlight the criminalization of such acts on the perpetrator resocialization and social crime prevention negative impact from a criminal point of view. Again, reflect on our judicial practice of this type of crime, specified without the possibility of realizing the victimless crime decriminalized reform in our country, and proposed different step will be part of a victimless crime decriminalize processing. Horizontally, the class action is divided into completely decriminalized and limited decriminalized two categories. The vertical perspective limited decriminalized crime is another priority and lag treatment difference. These treatments are mainly from the behavior itself is harmful to society, public acceptability and effectiveness of the judicial practice point of view. Finally, the paper summarizes the two major foothold: I victimless crime decriminalize thesis describes the de-moralization of the practical and legal laws. Academic circles at home and abroad to decriminalize victimless crime studies have yielded fruitful results, but this combination of new thinking into the details of the problem from the theory, practice, and to some extent, to broaden the horizons of research in the field , would like to start a discussion for the further study of the related theory and practice.

Study on Decriminalization of Victimless Crime

Abstract

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