When it comes to crime, but there are a lot of understanding.Whether the theologians, jurists, sociologists, psychologists, physiologists and ethicists, etc., can proceed from their respective academic tradition, think of a variety of definitions.We are learning the criminology before everyone, often cause harm, and prevention of crime, there are some own views and opinions.Can say, the people understanding to the crime will be different.So, how to understand the crime?
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What is the crime?It was first thought of the meaning of criminal law concept of crime.Because the criminal law are often heard to each of us, and in our lives, just as its name implies is the provisions of criminal law the crime, so that one may more from the criminal law sense of crime.Then what is the meaning of the criminal law the crime?
First of all, the mainland legal system country criminal law on the crime concept is usually defined as the consistent with elements of the illegal responsibility behavior.The countries of Anglo American law system that is prohibited in Criminal Law: the crime of intentional or negligent violation or non performance of statutory obligations, the behavior must have the necessary criminal responsibility.This is the form of crime in different countries on the understanding of the.Secondly, we can refer to Marx and Engels, they think: "contempt of the social order the most obvious manifestation is the most extreme crime", the crime is "isolated individuals opposed to the rule of struggle".This is the essence of the concept of crime.
China's criminal law on the crime concept, it is the combination of formal concept and essence of the concept, usually expressed as: "crime is a serious social harm and criminal law and shall be subject to criminal penalties for violations."
Criminal law has certain harm to social behavior, defined as criminal punishment, but also for the modesty of the criminal law.The meaning of the criminal law the concept of crime tend to overlook the changes of crime itself, but also is affected by time, space and social system, and a behavior is a crime, often depends on the attitude of the rulers.Therefore, this concept is not universal.But as China's "criminal law" that would be a different matter.Then have a look analysis of factors affecting the meaning of the criminal law on the concept of crime.
First, the concept of crime about the impact by the factor of time.In the feudal society, the law does not fulfill the debt the behavior is a crime, and now does not fulfill the debt is a tort, does not belong to the scope of criminal law.Therefore, over time or with the change of times, in people's ideology changes constantly updated, about crime are different degrees of change, it is the need of social development.Of course, we should not by modern standards before the law more perfect, this is not fair.Here is the influence of time to the concept of crime.
Second, about the concept of crime is influenced by spatial factors.We know the rules of adult age standards are not the same, some countries are under the age of 16, some 21 Zhou Suicai considered an adult, our country has stipulated limits for adults and minors under the age of 18.So I think because each country shall formulate laws have their starting point, maintain the interests are focused, so it is not necessary to requirements.Each country's class will is not the same, China is a socialist country, the broad masses of the people represent the interests of.So our law has its own characteristics, which is the space or "legal distinction between countries.
Third, the concept of crime and even influence by sex factors.Whether an act constitutes a crime behavior in criminal law, often because the sex difference and distinction applies.A typical example is in the prostitution problem, we see only the punishment of women without punishment male example.This should be the criminal law legislation should pay attention to.
The above is about the meaning of criminal law crime understanding, have a look on the following understanding of criminology.
In criminology, it does not include that the legal concept of modest value.Criminologists would put all acts harmful to society as the research object, is not willing to cramped in the sense of criminal law crime concept.They think, the meaning of the criminal law the crime concept too much emphasis on form while neglecting the change of criminal behavior itself, did not fully take into account the characteristics and to study criminology own need, can not accurately become the concept of crime in criminology.Not a legal decision of crime, but crime determines law, criminology should have its own concept of crime.The reason is that:
(1) the crime criminal law studies, should be strictly in accordance with the provisions of the criminal law.The criminal law is to give a definition of the crime, is mainly based on the requirement of the legal principle of crime and punishment, otherwise it will confuse the boundary of crime and non crime, also cannot accurate conviction and sentencing, unable to protect innocent people from criminal prosecution countries.The reason for crime and Criminology a definition, is in order to facilitate the study of crime, at least make people have a common starting point in discussion, in understanding and comparison of different spatial and temporal scope of crime, objective basis for common.
(2) criminal law is a normative science, it should take the relevant provisions of the criminal law as the basis and research, therefore, the crime is a kind of legal phenomenon, is the law of crime.The criminology is a fact, it is based on the objective existence of social harm the fact as the basis, regardless of the fact whether the provisions of the criminal law for the crime, therefore, crime is a social phenomenon, is the objective existence of social crimes.It is difficult to say a few days will be 14 years old boy of the killings not harm the social behavior, homicide and just turned 14 years old young implementation is harm the social behavior.This determines the extension should be more widely.
On the criminology, first of all should put the crime criminal law as its research object, including those that "to be non crime" statutory crime refers to a crime, has lost or not has serious social harm, should be non crime is the general law violations and proper behavior, but based on the current legislation the reason, has not yet been non crime and criminal illegality of behavior.For example, euthanasia, many countries are punished for murder, the reason is not based on whether the act has serious social harmfulness judgment, but worried that the actual identification difficult, that sense of difficulties.If only for the sake of justice on the grounds, the euthanasia behavior is real and under the guise of the name of euthanasia homicide of actual behaviour, collectively referred to as homicide, it explains the meaning of the criminal law crime, also does not have serious social harmfulness, only has the criminal illegality and crime non crime of so-called.Otherwise, may violate the criminological research original intention, also difficult to achieve the ultimate goal of crime prevention, control.
Criminology study, involving a lot of deviant behavior.In addition to the violation of the criminal legal behavior, violation of public order laws and other administrative regulations of behavior, are deviant behavior.Such as gambling, adultery, cruelty to children, and the pollution of the environment behavior, past the malicious use of computer behavior, as well as malicious harm consumers now lots of disclosure of commercial behavior.Criminology is interested in these social deviant behavior, is decided by the social deviant behavior in the criminal legislation of the leading and trailing edges of the importance in criminology.Through the crime, namely through the criminal legislation, lawmakers will be certain in criminal legislation in front of deviant behavior into criminal; conversely, can also through the non crime, some in the criminal legislation the trailing edge of the crime "social deviant behavior.Crime is on the criminalization and non criminalization process with a long elimination.Illegal behavior, although it is a kind of antisocial behavior, also harm the social life.Although it is criminal provisions of criminal law have something in common, but the punishment for violations of the law, the basis is often the other legal documents, especially because of a minor, and shall not be subject to criminal liability, such as juvenile delinquents in Japan "".
In the sense of criminal law crime and Criminology significance of crime have the understanding, then for the crime, how to understand the concept of it?
From the above analysis, we can understand the similarities and differences between the crime and Criminology meaning the meaning of the criminal law on the crime.We can see from the relationship between the two to find can give crime things.
First, they are the same point: Criminology meaning of the concept of crime includes the meaning of the criminal law the crime concept.Both the antisocial behavior be regarded as criminal acts, to the provisions of the criminal law as the basis.Crime is a social phenomenon, is recognized by law, it is a kind of social phenomenon of law, especially criminal law from legal evaluation, all of human behavior is no crime.At this point, the two concepts have in common.
Second, the difference between them: (1) the concept of crime in Criminology meaning contains no "criminal law" deviant and bad behavior, is so, is to develop the process more completely and accurately grasp the crime and crime prevention.Because, the vast majority of the statutory crime, find by hard and thorough search, are generally illegal behavior, deviant behavior evolved.So, put these acts as a crime in criminology research has its reasons, it covers a range of natural crime should be much larger than the meaning of the criminal law the crime scope to."Criminology 'detached' (Kuan Guang) in the criminal law is necessary, one of the criminology existence value is here.(2) criminal law strictly in accordance with the constitution, the emphasis is the concept of "responsibility --
punishment", but no such concept in criminology.However, criminology, psychology, psychiatry and social science academic angle based on the different, there are various definitions of standard.For example, from the criminal psychologist, psychiatrist's point of view, mainly focus on whether the crime of sexual motivation to understand crime problem.Therefore, the criminal law of theft behavior specific underwear, although usually classed as crimes against property category to processing, but in psychology, psychiatry scholars, this kind of behavior, as well as the peeper illegal encroachment behavior, child molestation paedophiles obscene abduction (kidnapping) behavior, are impulse motivated crime, based on it, the Criminology can put them into the category of crime.
Through the above analysis, we give a definition of the crime?I think, eclectic definition choice Criminology and criminal law on the crime of understanding, should be a wise choice.Based on the above reasons, the definition of the crime should be defined between between criminal law and Criminology meaning, significance.Because of his definition of crime do not separate row using a fixed, arbitrary, and should be, can sometimes agreed definition of crime criminal law sense, sometimes can agree on the definition of crime in criminology, but also wished to avoid the disadvantages of the two definition.
In fact, the criminology crime can be thought of as the fact of crime, crime fact trying to grasp the crime from the social and cultural content.Pay attention to study the social and cultural content and the regularity of the object of study.The criminal significance of crime can be regarded as functional concept of crime, namely from the characteristics of the crime and how to realize the science subjects to grasp the crime.Research on the legal characteristics of the.Objective is to achieve the correct conviction and sentencing.
Therefore, that the concept of crime, should take into account the fact and the function of the two factors.Namely, pay attention to social and cultural content and the regularity of the research object at the same time, but also achieve the goal of criminology.Only in this way, it can solve the problem of two concepts.Grasp the concept of crime, we should choose a more extensive content, so it is more perfect, can be more comprehensive to understand.After all, there is no concept of which is the authority of the crime, I think!So we can only from various aspects to do it.
No matter how to understand the social harmfulness of crime, its essence is the severity of this view, only by adhering to a comparative analysis of the concept of crime, can be accurately divided the crime with the non crime in particular crime and general illegal behavior limits, truly crime justly, accurate, this is our learning and Application the objective!