For the concept of criminal behavior in the reconstruction of vision

[Abstract] behavior that is not no crime, so the act in Criminal Law has a fundamental role. But recalls the history of behavior theory, we can see people through the ages of the Criminal Law being put to the behavior of well-theory faces many challenges, whether natural behavior, the purpose of behavior, or social behavior, personality theory and behavioral theory of negative behavior, their own internal injury to act in Criminal Law appears to play a fundamental role in straitened circumstances. so. author of objective evaluation of the traditional behavioral theories proposed. Behavior is behavior people use to control or should control the role of the objective conditions of the persons or things in the Criminal Law protection of the existing state of the process.

[Paper Keywords] behavior, behavior theory, the objective conditions; control or should control
Different theories and between the different concepts related to theory there is a big difference. If we do not intend to discuss the different types of little theoretical concepts, and hastily start discussion topics, it is unwise. Especially in the social sciences, the source of many deep-rooted fallacy lies in the concept of scientific result. Civil Law aspects of the Criminal acts of stagnation before the difficult behavior of the main reasons is that understanding of the nature of certain deficiencies. In China刑法理论界, only very few scholars conducted Research on the behavior of the concept. Based on this consideration, I look forward to learn from the past and the acts of a foreign concept in criminal law theory, combined with an objective understanding of actual needs. Analysis of the connotation and extension of behavior. Puts forward the concept of a more reasonable behavior.

A traditional Western theory of retrospective behavioral
Human well-being put to criminal law, the creation of law, the establishment of a sophisticated careful behavior, including the causal behavior, the purpose of behavior, social behavior, behavior theory and personality theory.

(A) of the causal behavior of Review
This behavior has been referred to as the theory of natural behavior, the theory that: "behavior is dominated by the will (intentionally) the attitude, which produce specific consequences in the outside world, the consequences or merely a physical exercise ( acts committed, Taetigkeitsdelikte), or is caused by some outsiders as a result of physical activity (results guilty, Erfol-gsdelikte) "Sichuan who hold this view have Bellinger, von Liszt, von Weibel, Mei Cige and so on. which Liszt with physical and mental separation, but a combination of methods and results were expressed, that behavior should be some sort of content on the results of any actions (in particular, damage legal interest) of the breeds.

However, this is a causal relationship between the two breeds rely on to judge. Judge what is there is no objective standard of uniform standards. May lead to endless cycle of so long ago criminal acts can be the causal factors of behavior, for example, a person bought a knife, ready for chopping vegetables, but the day after a few months to buy knives people use this knife to kill the enemy, then from the causal point of view, buy a knife and killing is a causal relationship. We can imagine: the person who is not born, then he will killings does not appear probable, therefore, the behavior of people and killing the mother of birth also has causal properties. causal behavior theory in an imaginative mode that can highlight its limitations. in the concept of cause and effect. Different people from different perspectives in different ways of thinking mental state travel. Lost to the causal theory of objective scientific behavior. At the same time ignore the causal theory of human behavior as the transformation of the objective world, the dynamic nature of the subject, ignore the behavior of people in the implementation of the entire course of conduct when the control power and dominant force, which leads to break the will and behavior, which can not solve the attempted offense. At the same time, the theory emphasizes the behavior of the results, caused by the behavior of the results of this relationship. So it can not justify inaction.

(B) lack of objective behavior theory
Argued that the purpose of behavior. Human behavior is not simply dominated by the will of the causal process, but a purposeful activity. Will Zell advocated the purpose of behavior theory, and later Galen developed this theory. Fans of Weber from Germany, Mola He Japan's Kimura two turtles, flat-field security governance, Fukuda equality. Will Zell think that behavior is "the expression of meaning," Galen that the behavior is "the attitude to the outside world."
This theory in solving the crime is persuasive intent, and also see the human initiative. Behavior than the cause of a huge step forward. But some theories can not solve many problems, such as the purpose of acts of omission can not be solved in the end, because the omission did not conduct "operations" and thus can not act with purpose, So the purpose of all acts of behavior theory can not be the upper concept. Will Zell attempted to use the "line state" and "potential purpose" to get out of the corners, but this excuse does not make theory out of the woods, because such an interpretation, but to act in the description with the purpose of this branch, or a person's conduct is only "one line state" in a way, but the purpose of the act 'or' people-line state 'for the upper concept. have lost as' act of' meaning. "ridicule is also criminal negligence can not be solved, Will Zell to justify themselves, to borrow the "purpose required by law" to prove that in society, in order to protect certain legal interests. the law requires that the actor has the purpose of the implementation of certain acts. that is, "purpose required by law", and subjective aspects of negligence. should not only from the purpose which should produce its mood up a subjective attitude obtained, so this explanation is far from the purpose and behavior of its own, after all, purpose of the act and the purpose required by law is not the same concept, belonged to two different areas, so this theory is not suitable for negligence, and will lose the basis of the penal system as a factor.

(C) of the will of the theory of social behavior and vulnerability
Revised Schmitt German scholar of 30 years in the 20th century, starting from the community put forward theories of social behavior: "the behavior of criminal law and criminal law concepts must be incorporated into the concept of social being." Behavior of this theory is the theory of communication, said the German, who This view of the scholars Eng break Maihuo Fu, Ye Saike, Saiki of Japan had a thousand yards, Kyrgyzstan Tianmin Xiong, Haruo Nishihara and so on.

The theory that the concept of a social behavior are closely linked, "behavior is meaningful to society's attitude." Those who do not have the attitude of the behavior, such as "conditioned reflex." "Force majeure" and has been ruled out, and only the criminal law and social behavior linked to grasp the behavior from the society, attention to behavior in the social life of the property has, so that it can make the behavior of the world becomes understandable . This theory is not perfect, "social", "value", and "attitude of the perpetrator," is a wide range of concepts and there is no specific uniform standards. if only the value of the community and to define one of behavior, ignore the behavior in the presence of the significance, but also a bit too broad, "err too broad, is the fundamental flaw of this theory, because it is used to determine the scope of the standard behavior (social significance) is in itself an uncertain concept. too much reliance on evaluation of social norms. completely out of the physical basis of behavior, but also make the concept of generalization behavior. digestion behavior defined function. "that most of these weaknesses is that the act theory does not limit functionality.

(D) Comment on the Behavioral Theory of Personality
Teng Chung-kwong, the Japanese group behavior theory first proposed personality: "The human body movements and their main man behind the personality of its combination of attitude, is considered the main body of the man of the occasion a reality only on such occasions - was only that is the behavior. "In other words, the behavior of criminal law is the reality of the main character. This behavior and the absolute rejection of the reflex act of force. And the main character can be expressed not only can be manifested as an omission, can be expressed as a fault. Personality is not purely spiritual element, but also the physical element of the spiritual and physical elements unity; while personality is formed in interaction with the environment. So grid both natural, social and spiritual characteristics.

But the act theory of personality by Ryuichi Hirano, internal Teng Qian, Kawabata Bo and other reasons, most scholars have not been recognized. First, the subject is not clear who, if the social and physiological, subjective factors into the behavior, theory of the behavior rather too large and bulky, can not highlight the behavior of nature. personality itself is a word difficult to define, more actors to Research the spiritual realm, it is necessary to outline the elements of behavior, the behavior of our pave the way theory, which proposes for our evidence is more demanding and stringent requirements. Act objectively increased the load on the theory itself, is not realistic. "Personality behavior theory although the theory has considerable tension, but it is simultaneously too broad and applicable to narrow extension of the problem, which is mainly used to explain the vicious than those subjective deep in the offender's behavior, such as recidivism, recidivist behavior. For Oufan, first offender act backward in a number of explanatory power, unless the character is for me to understand whether the behavior can be controlled. Obviously, this understanding has been quite different with the implication of Personality far. "is! With this said, the standard does not determine what constitutes anti-social personality, but also difficult to define." actors will act as a reflection of personality. or to act as character actors 'representation' , both in theory and practice could lead to the conviction shift the focus from the behavior of the formation of character actors. and will eventually act as a way of life based on the risk of conviction. "
Second, the new formulation of the theory and analysis of behavior
(A) the concept of the proposed new behavior
Behavior theory itself has a gorgeous dark robe injury, so we face many problems, and can not find the perfect solution. This theory for the behavior of the new challenges, the need for re-argument behavior theory. Open a new argument. This is the criminal law issues in the face of a new mission. While the supreme status of behavior theory, behavior is also towering temple stands, but with the emergence of new challenges, a new patch or icing on the cake was not the defiance of world opinion, on the contrary, the supreme act theory make us even more impregnable position, meet more new challenges: more, anachronistic stand still is equivalent to giving up on the progress.

Reflect the behavior of the traditional theory and the nature of abstract behavior, based on the areas of criminal law, I believe that human behavior is the behavior should be controlled by controlling the objective conditions or the role of the criminal law protection of the person or the existing state of the process. This concept reflects the behavior of the four basic elements, while the existence of both, and norms of evaluation of the position.

(B) analysis of the concept of the new behavior
Criminal behavior of the distribution of four elements: the subject of a perpetrator, there is a body of persons or things protected by the Criminal Code state of ... ... process, potential of - (should) control, is to investigate the subjective "consciousness "and" will ", the result of a criminal law protection of the person or the state changes. In the four elements, the" subjectivity "is not necessary to take ink, mainly refers to the behavior of criminal law is the person behavior. rather than the behavior of animals or other objects: The following acts mainly on the "intention", and "changes in behavior caused by the objective process of the object," "consequential," and "the objective conditions of behavior people use" and other aspects of .

First, "(should be) control" of a consciousness and will of the "intention" of interpretation. Actors according to their best if not the will to avoid the realization of the objective elements of the composition of words. For its actions on the perpetrators can not be condemned. In our analysis of the traditional theory of the time know. The meaning of all elements of the result of completely removing the contents of the concept is to make the behavior becomes empty, the behavior of usefulness has been questioned and criticized. But as a "reason" will necessarily lead to human behavior and the simple natural phenomenon The difference, it is precisely this "will" a will to dominate the world under the objective should be controlled or controlled by such "controlled" so that the result of natural forces and human as a result of criminal acts was region distinguished from.

The existence of the concept of looking behavior, the human inner judgmental process. But as acts of criminal law concepts. Should be considered in the ontology, we must also consider the needs of criminal law theory, because the attribution of criminal law is to rely on "sin" to judge. Perpetrator of the objective conditions of control by the state or the state should be controlled in order to change criminal law objective the protection of the object, if a perpetrator is no such control. There are acts against the will of imagination beyond the control of the situation. Then the attribution of criminal law from the beginning of the question. Then such act or acts of the movement of people from the criminal law should be the concept of separating the behavior. "Criminal law is a kind of force as means of social control, and therefore can not imagine this kind of control can and not out in full awareness of human action (such as seizures or in the hypnotic state of human actions), or completely out of people who will not move (as a result of irresistible body movement caused by wind), an attempt to use the law to control such a move, it is clearly contrary to the requirements of reason. "
There will have behavior, the behavior is the basis of consciousness, will, under the control of completion. This does not violate material determines consciousness. Stimulate the external environment when the behavior of people will have some sense of interaction between people and the objective environment, not just make a reflection of, and experience the results, through observation, a certain belief, and adjust their own behavior, and the formation of a decisive factor, obviously or potentially determine the behavior of direction. This is the objective world of human thought or spirit of the decision, the possibility of human consciousness and reality, and at the same time. people have subjective activity, stimulation of the objective world would be counterproductive. perpetrator but also stimulating the objective world will have a certain subjective attitude. Treatment led to production of certain objective things "will", which by this "will" to effect an objective that reflects their own initiative, to determine their own way of objective things. So this concept is consistent with this theory of two-way effect .

Second, the perpetrator of the objective conditions of use. Discusses the behavior in front of the "heart hormone", we know that this element is an indispensable element behavior. However, if there is no objective conditions for this to be an element of the object protected by criminal law impact, it is very difficult. So this objective conditions in the criminal law concept, plays an important role. Penal Code reflects the social relationships behind the interests of society as a tension or a strong game, "the interests of perspective from the static form , including the principal, needs, resources, the three elements. This combination of three elements, namely, the realization of benefits, to rely on people's behavior. individuals to achieve in order to pursue their own interests and pursue their own needs to meet to make a variety of acts, constitutes the kinds of social relations and interests in the form of implementation. "This is the source of behavior. And interest in this game to win. The perpetrator will use to change the objective world of external conditions, and fundamentally. The ability to truly take interest, determined by objective conditions. Is only that the objective conditions in order to determine the feasibility of behavior, it can decide Criminal behavior of the significance of existence. If no such objective conditions, then the behavior and the result is not a medium, the result will be no basis for the production, and produces an "Immaculate Conception" feeling, though romantic, but unrealistic. Links to Research Papers Download http://www.hi138.com fact. Criminal acts in other acts. Is the exchange of actors and the objective world as a result. The objective conditions is a cross-point, or connection points. Criminal acts will become a perpetrator of a criminal objective conditions of persons and objects protected by the transformation process. in certain social conditions. Behavior of the control or the control point to the crime, the object should be the objective conditions are: (1) the perpetrator's own conditions, such as Juquan wounding, insulting language, (2) the natural conditions of the external actors, such as shoot to kill, poison to kill, (3) the actions of others, such as the instigator, to help those who made use of the instigated. Perpetrators of acts. Study the conditions for the behavior of people use an objective description of the nature of criminal acts of decisive importance. "Not as merely a use of another person or external natural processes as a form of behavior." Behavior for any Science, the non-subjective process and the object is not to be completely disregarded. But as opportunities for human behavior, conditions, results and more. All acts are acts of man to the external environment of things and so on the condition that the behavior of others, and through rational and reasonable measure of control of the pursuit of a will or should control, the role of the object of a certain process. Actors in this process by certain conditions to get better in the interests of the conflict.

Third. Criminal behavior is a process of change. Criminal acts must be determined by the will of the performance from the results of this process to happen all the phenomena, and its expression must be a process, such as homicide in. Bullets on the court, pull the trigger, bullets fired, the victim was shot, the victim fall. This is a continuous process. An act to make changes in criminal law protection of the object must also have a process that factors from the heart - (should) control the results of the objective conditions of a process, which is a typical process of intentional crime, but In criminal negligence, the same way a development process that actors are certain objective conditions of use of certain objective function caused by external objects to the change process. Is also a perpetrator of the objective conditions of control or should control the will of the associated process.

In criminal law, and punishment is a combination of free will, self-determination in general. "Behavior is subjective and the objective of the will is the will to achieve. That is the will of the 'form action' or 'performance', but these words There will be misconstrued as simply the contents of that risk. 'that' is a kind of behavior. but the behavior is not simply the general said. In addition, in accordance with the so-called subjective theory. The establishment of mens rea can be confirmed only when the implementation of behavior. But I'm afraid to go into the position of mens rea punishment. acts of a criminal act on the will of one must be objective, and implementation of the action. "those are just the expression of pure consciousness" that made "some kind of thought itself, and even the will of the itself, not the object of criminal law.

That is, the physical behavior is the psychological process that is caused by the subjective will of the outside world changes. And produce the results of the objective world to change. That is. Sense of a will, a result of changes in the objective world. The process of combining the three is what we need criminal "behavior." There will alone, but only with the purpose of no different, so we must also have the third element of behavior - an objective t! f sector change. This is a task of the criminal law to prevent harm to human life of a coordinated events. It also reflects the behavior must be a combination of subjective and objective, "action" of the development process. Is a subjective and objective changes in the incident turned the end of such a process. And this can not be separated from the objective and subjective, and know it, we can be objective and subjective point of view to know it, is both complex behavior, behavior totalities, whether subjective or objective aspect, is to let it become interrelated and mutually reinforcing in terms of specific acts. So, even if is discussed, and ultimately the unity of subjective and objective should be understood in the integrity and awareness.

Fourth, the results of behavior. Results of an element of the act, which proceed from there on, also can not be avoided. Of course, whether the result is the behavior of the elements, this controversial. German classical scholar Bellinger Criminal negative attitude, the behavior of other factors as the starting point, made it clear that the result is not within the concept of behavior. Some scholars believe that China: Behavior acting on a certain object, which result in certain consequences. so. the result is one of the important facts behavior. Professor Chen Xingliang act as the result of the fact that content. Difference between the behavior and results, the category of behavior should not include the results. Affirming said Lin Shantian think. Criminal Law, born represents the meaning of the so-called dominated behavior in control of human behavior. And this objective can be seen in the behavior of various shape and static, must lead to the outside world the importance of the consequences of a criminal law. According to Professor Lin Shantian of this discussion, then the result should be an element of behavior. I also think that the "results" of a behavior The. Elements, as on the earlier to the "heart hormone" is an essential element of behavior. It reflects the behavior of subjectivity: the "result of" just reflects the behavior of objective performance. So that better reflect the behavior of the unity of subjective and objective, avoiding the traditional criminal law theory, there is this to He, there he went to the game.

No matter what the behavior. The issue later. There must be results. This is inevitable. But an objective existence.'s Performance as a result will occur consistent with the purpose of the external behavior of people changes. This is the result. In principle, the results of criminal law as a necessary occurrence. Objections mainly from the act committed, acts of prisoners. Because from the surface. Some crimes are not the result. This is mainly a result of misunderstanding with the concept of relativity, it would only stick surface to the problem. Committed in the act, committed in the act. And the results will show the difference in time between the obvious. So what if there is no result. The will of the performance itself is a serious result. So we define the behavior, the results must be recognized and will closely linked to the fact that performance. So there is no change in the outside world is open to question.

Only through this objective results. To prove the existence of behavior. Law judge only according to external factors change the fact that the premise was possible. Acts of the concept of law to bear to determine the value, put the concept of external factors as the fact that changes to requirements. If there is no evidence the results to be . So the existence of behavior will be very misty.

Third, the conclusion
Behavior is not just an academic concept of the term, the criminal legislation, the judiciary also has a guiding role, but also for the behavior of constituent elements, provide a basis for criminal behavior. The concept of the new behavior can make up the deficiency of traditional behavior theory. To explain the acts and omissions. Exclusion does not have a criminal law can play a meaningful behavior, such as flash floods, reflex behavior, no sense of behavior. In particular, for "Cause Free," "forget the offense" in the theory and practice to provide a judgment.

Cause Free is the ability to act in the state have the responsibility or is determined to anticipate the state, but in the loss of capacity or ability to able to achieve responsible behavior. Cause Free. The most typical example is the implementation of criminal acts intoxicated person. Of criminal law for the crime when drunk is subject to criminal prosecution, but we can also see the implementation of the criminal acts of this time has no " sin "of the. That is, behavior and sin does not exist, it can be said that the perpetrator at the time of the implementation of criminal behavior was not criminal responsibility. But the basic principles of criminal law is "sin and the act must exist." This huge conflict arises - the perpetrator is not guilty to the implementation of the act or acts to be responsible for no sin. In fact, here was the result of this contradiction lies in the behavior of the traditional concept and behavior theory and its flaws social development, appear in the traditional behavior theory itself can not accommodate behavior that has caused harm. To solve this problem, the use of this new theory is fully functioning. First, in the free exercise of reason too, the perpetrator should be knew or could foresee was drunk and lost control of drink to make the behavior of social disadvantage, but the perpetrator did not control this behavior, then later after a drunken crime, the perpetrator simply use their own actions As a "objective conditions" to the persons or things protected by criminal law to influence it.

Forget the guilty is responsible. Forget the acts committed. To a certain kind of been able to meet the needs of the value of their own direction, there is a potential understanding of their behavior or the potential to point to a single specific value, as in the potential dominated by the idea, and forget his own kind to be negative duty of care. That is, should be controlled but not control, with the fault of the criminal law, such as smokers in the smoking process, resulting in progressive dream cigarette floor fire. First, there is a potential perpetrator need "desire to rest." This should be the behavior of "consciousness" to the. The perpetrator also "consciousness" into their own in the smoke, then it should have the responsibility to prevent fires caused by cigarettes. Should be in the "will" to take some measures to control or resist the kind of potential in the "rest" desire. But the actor has no control or ultimately not able to control this "desire." Causing a fire. Become the object of criminal law within the meaning of the risk of "adversary." So the potential value of this potential "desire" to control and no person should act to control the protection of other interests. Unfortunately, thus creating unexpected results, the emergence of objective circumstances sufficient to demonstrate his "rest" demanding the boycott is unsuccessful. "Passion" is the only acceptable way, which is provided with a foundation can be fined.

The behavior of scientific concepts. Reflect the behavior of people and behavior and the social integration of people and society of the game. Reflect the objective decision of the perpetrator society. Reflect the perpetrator's subjective social dynamic. Human and social phenomena, and only through the interpretation of behavior to human and social integration, the phenomenon of human and social perspective the game, open a door, open a window. Reposted elsewhere in the Research Papers Download http: / / www.hi138.com