Objective element in the formulation of theories on the Reflections

Paper Keywords: subjective and objective elements of behavior sin
Abstract: Criminal Law in an old saying: "No behavior that is no crime", see Criminal behavior is the cornerstone of a theory. Criminal acts on the significance of the concept is said to be drawn from Hegel's philosophical system, behavior and objective elements of a crime terms of core elements, and personality, and the consequences of modern Criminal Law and Criminal science as the three pillars. However, the study of crime as people deeply, too much attention to behavior can no longer constitute a scientific evaluation of crime with the elements of the real the intrinsic link between. Therefore, we re-examine the act theory is a precise definition of a crime is an urgent and realistic issue.

First, the general theory of behavior theory
1. Causal behavior of the German criminal Law scholars .19 century by the flourishing of the natural sciences and mechanical impact of advocates within the context of natural science observations of human behavior, so-called theory of natural behavior. Causal behavior of those who insist on separated from the will and behavior to that responsibility will be to solve the problem, its content does not belong to behavior category; the tone in the result will be worthless as a result part of behavior, it thought, a simple distinction between reflex action off to achieve the function of behavior theory.

2. The purpose of behavior on the behavior of the Japanese who in the eyes of the perpetrator's subjective purpose of the objective controllability of behavior is the core. The purpose of acts of omission though solve the problem, as are the actors that do not desire to reach their have a clear understanding of the purpose; if not as a way to be able to achieve their day. but there are also fLaws in the criminal negligence it can not answer what is the purpose of the act, because the penalty is not carried on the person's normal behavior evaluation, but before the behavior and cause damage to certain legal interests or to promote laissez-faire attitude to condemnation.

3 abundance of social behavior. Social behavior on the stand enough to cause any harmful to society and have social significance is the behavior of criminal Law areas. In the causal theory based on the behavior of an increase in social evaluation of the factors that do not have the social importance of behavior , not adjusted for the social norms of behavior is not a criminal sense. critical view of this doctrine in its focus on the finger of blame social factors: First, the social importance of the abstract, purely subjective value assessment, can not grasp ; second is itself a social value evaluation, and evaluation of the same legal standards of value of repetition.

4. Personality Behavior. Personality behavior of wood by Japanese scholars, German corporation made of light weight, the theory is based on personal responsibility, that behavior is the realization of actors, personality and its wooden body of the biological, psychological, and the social nature of the surrounding environment interaction. because of personal behavior is the focus on the analysis from the perspective of human behavior and personality environment of mutual environmental constraints, so from intentional to negligent acts, as to the omission, as long as the attitude to show character behavior can be regarded as criminal law, "can show the character" behavior. Personality is also said to act on the facts and judge the value of the common unity, change to the past behavior of a single core, developed into the behavior and the perpetrator fusion of the basic dualism of crime wooden wooden stand point. However, there are also personal behavior of defects in epitaxial too broad and may not be the evaluation of criminal behavior also incorporated into the Criminal Code. reposted elsewhere in the Research Papers Download http:/ / www.hi138.com Second, look at the definition of conduct in China
The definition of conduct, our present, there are three main views. The first person that is a danger to social behavior. The second that the "harm behavior" in the criminal law has a double meaning: first, the content of a criminal objective elements behavior; second, with a statutory crime constitutes a crime. a sense of the damage after the behavior is criminal behavior. The first view is that only the kinds of acts against the will of the people or the consciousness of the danger to society under the domination of the body of the implementation of movement. But we can see that: in view of the only species of giant either Diao sings some of the human unconscious acts exclusion; or criminal negligence can not be answered the same wood.

Since the act of communication theory that there is more or less defects, behavior, as we open the door and then the nature of crime, criminal responsibility was the key to Island officials must be based on the basic conditions to reflect the traditional doctrine, re-select forward direction. So Professor Chen Zhonglin In "<Penal Code was set loose>> in a whole new perspective: the nature of certain acts of control or should control the main role of the objective conditions of the persons or things in a certain state of the process. I agree with them . This new definition will act act act as a subjective into the objective of the series of processes, not only solved the omission, dispute the theory of criminal negligence, but also to resolve the common crime of "all parts of acts committed responsibility "theory of embarrassment, but it also brings new challenges, if the act of recognition is the role of actors in the criminal objective conditions of heavy objects, including the use of the behavior of others, here's the" other acts "contains their normal to or knowledge of the, negligence is, willful and self-defense for the inevitable expansion of the scope of the indirect perpetrator, making the value theory of joint criminal suffered an unprecedented challenge.

Meanwhile, the interpretation of the concept of Professor Chen's behavior, not difficult to find in essence want to get rid of his views, "the core of behavioral" tradition. An objective act is built around the focus of behavior can not properly understanding the objective attributes, and these conditions can awareness of these conditions out of their control (or should control) within the range. behavior is the behavior of people, but the qualification and the subjective reality of sin and the objective, behavioral and subjective nature of sin is just skin deep, and relations. He advocated, "We should not use too much time to focus on only the behavior itself, and forget the acts come from, what to do." constitutes the crime, the subjective form the core of sin is the crime, Research subjective behavior is to open the door to the mystery of sin provides a shortcut. advocates the core of sin is with the "no behavior that is no crime" direct confrontation.

In summary, because the emphasis on "criminal responsibility is personal responsibility," the basic spirit, then the "not guilty over the non-criminal," the sin principle, the starting point is identified crime and attribution points. Crime on the social relations protected by criminal law violations is no longer a purely objective behavior, but rather the reality of sin is subjective and objective results. After carefully evaluating behavior, personality, abilities, values, behavior based on the re-examine the concept of causation is derived, can the root of the formal legality of wood to eliminate evil, truly adapt to crime to achieve Criminal Law of the value. Links http://www.hi138.com Research Papers Download