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Study on Non-victim Crime

Author: LiuFeng
Tutor: ChenZhongLin
School: Chongqing University
Course: Legal
Keywords: Victimless Crime Decriminalization Criminal Policy Criminal legislation
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 167
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Abstract

The \\Social progress epitomized keep people's ideas, the law belongs to the awareness of the scope of the law and social awareness to maintain a certain synchronicity, particularly the Penal Code concerning the moral norms to make the appropriate adjustments. With the social development, the reasonable norms awareness will become less reasonable, and therefore widespread controversy exists in the community. The existence of the dispute it is a reminder of to inform law research should focus attention on what the problem, which our criminal law norms need to make a re-thinking. Illustrates the two cases mentioned earlier in our country \Therefore, the top priority is to increase victimless crime, to constantly enrich and improve the system of criminal law theory, the most important thing is to provide a theoretical reference for relevant criminal legislation. Preliminary systematic study of a \Decriminalization Legislative History of the expedition of the historical background of the concept of the \victimless crime, \, Criminology. On crime and non-crime of \concept, the concept of crime does not exist in the criminal law criminal and non-criminal possible. While in the theoretical study people \victims of infringement; natural person, social, national and virtual personality including legal interests suffered the victims of criminal acts against. Concept of broad and narrow the trade-offs in itself does not have good and bad points, but a theory or one you can have the best choice. Author tendency epitaxy of the \Comprehension. Then we can define victimless crime: the perpetrator does not have to harm or sense of victimization, and based on voluntary participation in the crime from the loss actually caused or against social morality and customs management order. With such clear definition, we could then identify no victimless crime characteristics of this type of behavior, thereby delimiting the extension of the scope of victimless crime. Victimless crime victimless crime subject, object, and the subjective state of observation can be drawn the following characteristics: 1. Victimless crime, infringement of legal interests, the interests of the perpetrator or social morals and customs management order , not part of the behavior relative to the person or a third person, and as such was referred to as a \victims (since the loss of behavioral or social) tend not to resort to the law; 4. behavior participants are adults with full capacity, and otherwise does not constitute such crime. Legal interest infringement is a crime the most essential features, Therefore, classified victimless crime interests in accordance with the violations of law, in order to make these acts targeted Legal Analysis of Crimes considerations. The results are as follows: 1, damaged legal interests of their own interests only of behavior, such as suicide, euthanasia, drug abuse, alcoholism; 2, contrary to the behavior in the social and moral customs, such as prostitution, adultery, organize promiscuity, abortion, etc.; 3, in violation of the social management of orderly behavior, such as gambling, loan-sharking, drug abuse, alcoholism. Western countries \. These the shining glorious thought worth domestic legal workers learn from theoretical studies as well as criminal legislation. I believe that many theories essentially boils down to two things, the legal interest protection and criminal law effective. Modesty of Criminal Law in nature and the protection of legal interests is a problem, criminal law Modesty is a protection of legal interests, reflecting a cautious attitude, criminal law through punishment on the part of legal interest to achieve greater the legal interest protection; liberal advocates of freedom is the protection of human rights thinking individual rights, and human rights is inherently legal interests, the starting and ending points of the legal interests protected. Practice, whether the country's legislative, judicial, law enforcement can achieve the goal of the legal interests protected, and the extent to which, with the cost of justice and make an optimal combination of points, which related to criminal law effective through empirical analysis research methods to guide legal practice, and ultimately to the country to improve the criminal law effective. Finally, the author, for the domestic social reality as well as the legislative status quo, related to China's criminal legislation \Victim of crime is not a specific type concept but a concept of abstract type classification for victim behavior, its subclass only be considered on a specific type. Therefore, for such an abstract broad types of crime should not generally talk about should criminalize or Decriminalization, as we can not say that the people of a city is good or bad, like, but should be of a specific crime behavior type, such as euthanasia, gambling, inciting debauchery, etc., to make the crime or crimes considerations; relatively specific type, such as damaged law benefits only their own interests, to make or guiding theoretical research; The victimless crime abstract type theory thoughtful thinking, such as to explore the concept of protection of legal interests and criminal law effective victimless crime behind. Therefore, I victimless crime layered consideration philosophy, to help improve victimless crime theory reasonable and scientific level of research and legal practice. For example, the in discussing euthanasia Decriminalization problem, we should be divided into autonomy (voluntary), non-autonomous (involuntary) and autonomy (non-voluntary) euthanasia, and then make a specific analysis for different types. Autonomy euthanasia is carried out under the premise of full respect for the patient will not only there is no moral obstacles, also reflected the humanitarian care should be legalized; involuntary euthanasia is contrary to the patient's self-consciousness, is a serious contrary to moral behavior, also constitute a criminal law on the crime, should press criminal processing; autonomy euthanasia should be in accordance with the following two criteria to analyze First, the the patient wishes possibility constructive, objective diagnosis and judgment come serious condition near death. Matching at autonomy euthanasia processing otherwise constitute a criminal law on the crime. Is divided into three parts, the first part of the article as a whole on the basis of the theoretical study of the \Western \victimless crime \above.

Study on Non-victim Crime

Abstract

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