Otsuka Hito "," criminal law of general Chinese version

The criminal law in general and the theory is summarized shortly after the Second World War, through the research of half a century of my criminal law books.

At the European theory as the background, study in the Japanese criminal law scholars showed intense opposition of classical and Modern School of their opinion, should be how to overcome the pains in the debate, but my point of departure. Thinking about results, should be in the science of criminal law is the foundation of the people, can become criminals can also be tortured people, understanding is restricted by heredity and environment, but can regulate their actions subjectivity relatively free in the presence of limited range. Therefore, if implemented as the personality of crime, then, should be willing to bear the blame the law, their repentance for the criminal, and Atonement, it must say is indispensable.

As the criminal law theory of man-made objects, I adopt a "personality behavior theory", "personal responsibility", and then, elements of crime, starting from the attention to the legal principle of crime and punishment view, the element theory thoroughly, think "the constituent elements of a compliance" is the first constitutions of crime, at the same time for as the second constitutive elements of the crime of "illegal" and as the third constitutions of crime of "responsibility", want to overlap with the account of the form and substance of the side side, built not just guilty or not, but also determine the specific degree of theoretical system in the establishment of the crime.

As the penalty theory, first, that the severity of the crime person sentenced to punishment should be in harmony with the degree of crime specific, close contact with the theory of crime, admitted that its second, about criminal law significance, thinks that penalty is for past crimes "retribution", but also for the future of "crime prevention" at the same time, the inmates, need to own the crime "to repent and sin" as the core.

I put my criminal law named "the personality criminal law," the theoretical position, to have personality as the human behavior as the core and the crime and punishment, to lay the foundation.