Behavioral Theory of Review and Choice - for the civil law, "class" of crime on the system as the angle

Abstract: There is a crime based on behavior of the basic form of behavior theory is necessary to the existence and importance of the need to be determined, and the behavior of the various theoretical understanding, based on the analysis, select the appropriate implementation of behavior theory to the established theory of crime them.

Paper Keywords: causal behavior theory, social behavior theory, the purpose of behavior theory, behavior function
Crime is a behavior, Criminal behavior is the basic form of existence. The author will act as constituent elements of independent elements of compliance before, is to act as a "quick filter" role, and only those "on the actors, it makes sense to use the right sentence "behavior, to be able to further determine the class to make sure it is not a crime. Based on this, a clear concept of crime, you must first clear the concept of behavior.

I. Review of civil behavior theory
(A) of the causal behavior
German Criminal Law scholars since the 19th century by the flourishing of the natural sciences and mechanical effects, the behavior understood as a causal link, as the physiology, physical process to grasp the salient features of this theory is to explain the behavior of causal . One of the most representative of the two theories is that body movements and intentional acts of said.

1. Body movement, said that from the naturalistic point of view, that behavior is innervated muscle activity. Refutation of the said main, the basis of the said reflex, sleep, movement, action should be included in children's evaluation of the Criminal Code behavior concept, which is obviously meaningless. now has no further action to promote health, said more than one of cause and effect behavior refers to intentional acts that below.

2. Intends to conduct that operation, said the amendment that came from the body, is the German and Japanese Criminal Law since the 19th century the majority of scholars said that the behavior is the result of the subjective will of the outside world behavior change. Based on this, two characteristic behavior : (1) intentionally, that is the reason why the perpetrator of the body in motion is dominated by the inner meaning, of course, the meaning here can cause the body's movement as long as you can, and the body's movement through the desire to produce what the results are not Q, (2) the body, ie, the perpetrator is based on the meaning and external changes that can cause the body movement.

The reason why the intention of the body movement to predict the result of what happened out of the meaning, the desire is that the content of scholars believe that the responsibility should belong to the content, Moreover, the only way to be able to demonstrate both intentional and negligent acts of crime. Opponents of the view that intention here is "empty", and will be split to every objective and subjective, which led to the illegal nature of the judge can only be purely objective, simply to legal interests are violated or whether the risk is being infringed standards, while ignoring the illegal acts of subjective elements.

Behavior of the body of the challenge is, it can not explain the omission of the problem, since the causality is the will of the link between body movement, but without them it is difficult to see as the existence of the link. In this regard, Mezeger that " not as hidden behind the fact the behavior is expected, it is not a non-simple is not, but rather contact with as "in accordance with Mezeger view, however, where" is expected "behavior is tantamount to the intentional nature of neutral empty into the content, which is obviously intended of "emptiness" contrary to the original intention. Moreover, if the "desire" as the specific content, is bound to exclude acts of Criminal negligence.

Despite the existence of such intention to conduct that kind of criticism, but it will be thinking of a simple reflex action, animals, and exclude corporate moves to realize the function of behavior theory, played a "quick filter" role.

(B) the purpose of behavior of
Founder of the theory is Welzel, he will conduct defined as a person reaches a certain purpose may be achieved in the assessment of the results of a planned action. In other words, human behavior is the pursuit of a particular will (the purpose of ) and the dominated, who can predict the course of a certain cause and effect, and thus default destination, and select the means to achieve certain objectives. behavior is the premise of the causal relationship between some, but not a purely causal relationship. behavior is the essence of the purpose of precisely because one can implement a purposeful act, the penalty can be ordered one way or the purpose of prohibited activities. The theory of conduct is divided into two phases: the first phase is entirely in the field of thinking, at this stage , the behavior of people set their own desire to achieve the first objective, then the causal Laws of experience to set up a means to an end, the second stage is the realization of the outside world thought that the means chosen by the reality of the causal process of generating, If the results did not happen for some reason, the purpose of behavior is attempted.

Purpose of behavior of the German criminal system led to major changes. First of all, the nature of the behavior is the goal, then the behavior is a combination of objective and subjective, intentional element is no longer the responsibility, but the constituent elements of the elements, and then in responsibilities, awareness of the possibility of illegality to be as independent elements to consider. Secondly, since the perpetrator is a specific subjective purpose, then the Law should contain the perpetrator of the subjective element of an offense, offense is no longer a simple infringement of legal interest, "the results of no value" and should be by "acts of no value" decision.

On the subject of the biggest acts of the purpose of criticism is that it can not explain wrongdoing. In this regard, Welzel retorted the purpose of negligence is the "purpose required by Law", which requires people to avoid infringement of legal interests and to "the purpose of manipulation," The acts of negligence were not carried out precisely because "the purpose of manipulation", which led to infringement of legal interests in the results.

However, according to Welzel's explanation, if not control behavior, that is not the purpose of the act can also become acts, which acts with the purpose of the original intention of the phase of the conflict. In view of this, there are scholars deny the crimes of the traditional proposition recognizes only the behavior of intentional acts and not acts of recognition of wrongdoing. with a "social phenomenon" or "human relations" as the common behavior and non-actions of the upper two concepts, "basically reached the academic consensus that negligence is an act, and if according to this view the behavior of the considerations on the expansion of the scope of action theory can not play "fast filter" role.

The purpose of the second act of criticism is that it can not explain the omission, because in the case of omission there is no way to govern by the will to promote the cause and effect process. I believe that this refutation can not be established. Not in terms of pure or impure, as the case as the perpetrator of their own desire to achieve a clear understanding of the purpose is, and he also realized that as long as a way to not be able to achieve their purpose, which recognizes to no purpose, as with the causal relationship between, so people do not act as a means to achieve the purpose of acts done under the control of choice behavior that is consistent with the purpose of the definition of behavior.

After the above analysis is not difficult to see that the biggest problem of the purpose of behavior is that it means to external factors, and physical considerations linked to dynamic and static, which makes the criminal class system from the outside to determine the way of internal disruption, becoming complex.

(C) of social behavior
Desire for compromise on the social behavior of the causal behavior of those who dealt with the purpose of acts of, the various forms of crime are included in the act to which the concept. Because of criminal behavior on the role of the social environment, the evaluation by the social norms, the importance of certain social behavior. so point of view, we will be "social" as a value relationship, it is a subjective judgments, as long as the behavior of social significance, then the purpose of both acts may focus on the pursuit of, and may also lead to results-oriented , both in the act, omission, but also the intent and negligence.

On the development of social behavior has gone through several stages, the 20th century German scholar E. 30 years schmidt as the causal behavior of social attributes added that the behavior of a body, wanton and social, so-called social significance of behavior should be of the meaning of the organic unity of content and results. His theory is also known as "causal significance of social behavior. "
English German scholars the theory is based on welzel above criticism, he suggested that people interested in the so-called behavior is sparked, objective, and can be used as objective results. German scholar Maihiofer represent extreme views on social behavior, in his view a body of, interested in the behavior of the general behavior of the concept of an obstacle, with the spirit of the elements necessary to replace the natural elements, it should be from the perspective of the purpose of human behavior, but he emphasized the different purpose and Welzel , is an objective, predictable social outcomes purposes.

Schools on the main refutation of social behavior, some social significance of behavior in the criminal investigation is not necessary, which expanded the scope of criminal investigation. And the so-called "social significance" This is a subjective judgments, which behavior and to ignore the will of the causal link between the objective. Moreover, the so-called "social significance" itself was a product of value judgments, because the law itself is an evaluation standard, then this may cause duplication of evaluation.

(D) acts of Personality
Personality is a Japanese scholar of group behavior re-light the creation of vine, got Otsuka Ren, Kaufmann and other scholars for their support. The theory is based on personal responsibility, that behavior is the principal actors in the realization of personality, that personality actors or personality found in performance.

In this theory, man as subject and their behavior is always closely linked, people are social animals, not only has all the natural biological nature, but also has its unique social attributes, that the act of biological and social. Whether intentional or negligent conduct, act or omission, as long as the behavior of showing the attitude of personality can be regarded as acts of criminal law, the so-called "can show personality" should be emphasized that the subjective factors of human behavior with the behaviors contact, that is, people have mental contact with the outside world if not non-existent sense of the behavior of criminal law, the corresponding, non-ideological, such as a simple reflex action such as physical sense is not criminal behavior.

Of course, there are personal behavior of some defects. As scholars point out, "this doctrine to exclude too many things, on the other hand, should be excluded from the act has not ruled out anything." Mentally ill will acts of infringement of legal interest are also included, not as guilty of negligence if there are questions about the performance of personality, but what is personality, whether criminal acts involved in the personality to be worth inquiry.

In my opinion, the biggest problem of personality behavior, acts of fear and purpose, is included in the act of subjective factors to make the behavior not only to judge from an objective external performance, but also from the perspective of subjective meaning judged that such behavior no longer have the concept of first in the Elements of Compliance "Quick Filter" feature.

Second, behavioral theories of meaning in the criminal system
All along, the academic for the acts to the concept as a separate system independent of the constituent elements that existed before the dispute, I believe that to solve this problem, the concept should be established from the behavior of the original intention, the reality of the function and behavior theory in the criminal system the role played to answer this question.

(A) of the act established the concept of mind
We know the purpose of punishment is to prevent the infringement of legal interests, or when a person is bitten by a dog was injured when a stone, we can not to investigate a dog or a rock of sin, because they use even if we can not ensure that they are the next sentence will not bite or another injured person. Thus, only after their use to avoid penalties for repeated acts of criminal law doctrine in children is meaningful. And the concept of the establishment of behavior, that is, for the sake of discussion Evaluation of the behavior of Criminal Law and the minimum is, and quickly filtered out, such as dog bites man, who injured a stone, which do not consider the phenomenon worth Criminal Law. We see that both cause and effect or purpose of behavior of behavior, social behavior theory, behavior of personality, at different levels can filter out some unnecessary to include consideration of the scope of criminal law "behavior."
(B) the concept of functional behavior
1. Acts as the basic concept of the functional elements throughout the criminal system, non-criminal behavior without a person's social harm is the harm his behavior through out the penalty of punishment can only be this harmful behavior. Links to Research Papers Download http://www.hi138.com 2. Function as a combination of elements in the criminal system, the act would constitute elements of compliance, illegal, have the responsibility of the three together, which is integrated with the three filter behavior to determine it is not a crime. Only when the constituent elements of a behavior is consistent with the behavior, illegal activities, responsible behavior can be called criminal acts.

3. Boundary elements of the crime as a function of various kind of distinction between state and the specific charges are determined by the behavior. A question whether the scope of the study could be included in criminal law, first of all depends on whether it is criminal "behavior."
(C) Behavioral Theory of the role of the criminal system
1. Criminal behavior on the system concept is the logical starting point from the objectivist point of view, the behavior is the behavior of people with the outside world performance of the most intuitive, no behavior is not criminal, it can not be criminal penalties, and also the presence of behavior, as behavior can only be the object of punishment. Thus, throughout the criminal behavior has always been, the most essential performance is a crime, it only acts of infringement may result in legal interest, while the criminal law is intended to prevent such violations of law caused by the behavior of interest. Based on this, the concept should be the first act is criminal system, and throughout the criminal system, only the existence of behavior and the behavior considered to be included in the scope of criminal law norms, we can explain the legitimacy and rationality of the Criminal Code.

2. Behavior of the constituent elements: the behavior of a subordinate or independent in the center of one dollar in the criminal system, M. E. Mayer proposed the "Elements of Compliance - responsibility of - the illegal nature" of the system, he acts out of the Elements in compliance inspection, Unlike the Mezeger's "behavior - criminal - liability" system. Some scholars suggested that constitute the elements of the discussion of compliance with the Penal Code to filter out irrelevant natural behavior, some scholars believe that the concept of the behavior and actions constitute the behavior of the elements is consistent. But if we say the phenomenon of belonging to a criminal act Elements of interpretation will naturally filter out, it was just a matter of conduct on the circumstances of a crime level up discussions are not acts of concepts and issues so not exist. I believe that the economy out of the inspection, instead of aimlessly through the interpretation of Elements of the Criminal Code are not considered out of scope of the act, as in the form filter elements once before, then the theoretical system Mezeger seems to be preferable. In Mayer's theoretical system, only compliance with the behavior of constituent elements in order to be called the criminal act of sense, and in fact, reflective of our behavior, sleep behavior is simply not going to of its constituent elements found in nature.

Third, review the behavioral theory
Through the above acts of the criminal law on the meaning of exposition, we can clear the theoretical system in the criminal act of a first concept is really necessary.

Conceptual Review of economics from a behavioral perspective, both the social behavior of the purpose of acts of behavior or personality, in consideration of the time behavior, have joined the "human" factor, contains value judgments, and the author is that value judgments are the responsibility of the irregularity and to complete the task, to explore the behavior theory, a concept may reduce the behavior, the second will result in repeated judgments, did not play "fast filter" role.

(A) from the behavioral theory of the impact of crime on the system starting
The purpose of acts of crime on the system of change is enormous, in its theoretical system one of the elements within the intent, "the fact that knowledge of the crime" as the subjective elements of the composition of elements, while the "illegal consciousness and its possibilities" as elements of the responsibility. I believe that such a classification is wrong. When knowledge of the facts of crime, when the error occurred, the behavior is actually achieved results are inconsistent with the purpose of the perpetrator, that knowledge was the wrong choice then the error the result of the behavior is inconsistent with the original intention of the perpetrator (that actors want to achieve the intended purpose), then the behavior of the error can only be the result of negligence. For example, the perpetrator intended to kill A, understanding of the results of errors due to the fact killed the B, then the basis for the purpose of criminal behavior on the system, when the perpetrator to kill the establishment of a B fault and the attempted killing, adapted from the perspective of criminal culpability, it is not reasonable. And if the causal actions taken on, but acts as acts of the will of the external manifestation of the will of the content is not asked, then the behavior of the perpetrator to kill B is indeed dominated by his will to act, is able to imputation of him.

Since behavior is a purpose, so in the eyes of the purpose of acts of illegality as the perpetrator is "work" behavior of the negative, then the illegality of the substance to be "unworthy conduct", that is, norms of behavior violations. I think if that law is to regulate the substance of the breach would be tantamount to be confused with the concept of law and responsibility. Meanwhile, a breach of norms without causing actual damage but because of his purpose and practice is a violation of norms , and it may be subject to criminal penalties, which is undoubtedly the Criminal Law of the damage.

(B) from the behavior of the function in terms of
Behavior throughout the criminal system of the basic elements, it can distinguish between states and the specific kind of crime charges. Departure from the social behavior of the first acts of social significance is not necessarily a criminal sense, the same, with a significant criminal behavior may not have social significance, then when a significant criminal behavior rather than social significance of the time, starting from the theory of social behavior which is not included in the scope of criminal law, then the behavior here is the loss of function as the basic elements .


(C) the choice of behavior theory
I believe that the behavior of causal action theory is more desirable.

1. Requirements of the meaning of the causal behavior of the contact and body movement, we can remove the sleep behavior, which do not have the intention of the body movements, played the role of filtering.

2. Cause and effect of crime on the system behavior is more clear, it does not discuss the meaning of the content, as long as the meaning of the external movement and physical contact can be considered a criminal act on, so on the illegality of the judgments to simple legal interest against the standard, I think this is desirable. because the criminal law is the perpetrator of evil harm, then it must be modest and restrained, as long as, judging from an objective outside interests do not have the law against the act should not be listed people penalization range, even if the perpetrator's purpose is illegal, as long as his actions did not cause any legal interest against the results or do not have the legal interests against the risk we should also for its exemption from criminal punishment. At the same time, cause and effect behavior of the meaning of the contents of the Fangzhi within the responsibility of the discussions, will be able to comply with "unlawful objective, the responsibility is subjective" way of this conclusion. causal Xingwei judgments on the behavior of a specific Yi Si content, it will not result in duplication of judgments, is Investigation of a more economic way.

Some scholars have pointed out that the cause and effect can not exclude acts of reflection on the behavior and forced to act because the perpetrator acts or conscious I believe that the perpetrator was in the act can not control their own will, and since it is beyond the control is not possible to anticipate , then the will of the occurrence and behavior is synchronized, since it is beyond the control of the will of the perpetrator, how can they call themselves, will conduct it? acts on the causal theory can not explain the omission of another refutation of the issue, the author that the alleged acts and omissions from the body movement of the point of view, it is in fact the perpetrator and whether the implementation of the act are two different concepts, either as or not as are the actors meaning selection. Since the behavior is behavior will lead to subjective changes in the external world, then the perpetrator of the act or omission of just what he meant and he wishes the means between the results achieved, as long as the role of the subjective will lead to the outside world under the act change, then the acts and omissions should be considered for the role of the meaning of the outside world to promote behavior change. Links http://www.hi138.com Research Papers Download