The concept of behavior

Abstract: Behavior of the most fundamental concept in Criminal Law is the most important concepts. The article on the significance of behavior, the behavior of the theory expounded and analyzing the behavior of the Criminal Law in the scientific conclusions.

Paper Keywords: behavior behavior behavior theory concepts
The first is Criminal behavior, no crime, no act, which is a basic principle of Criminal Law, the concept that behavior is the core of the concept of crime. Crime of all the ideas and theories surrounding the act to start, are the acts evaluation, which in theory is more accurate, clear grasp of this behavior as a common Criminal, and the specific characteristics of personality, leaving the theory of criminal Law to form a complete system. from the real sense, the crime is assault, threatening legal interests behavior, in the form established from the sense of crime, crime is compliance with Elements, illegal sex, responsible sexual behavior, so no matter from what angle, even from the perspective of the perpetrator of criminal Law, but also have emphasized that behavior is behavior Personality symptoms table. Elements of the inspection object and the compliance inspection can only be a starting point for behavior. In short, the behavior of the most fundamental concept in criminal law is the most important concepts.

First, the behavior of the theory
(A) the behavior of the classical concept of crime
Modern concept of criminal behavior in the 19th century, a product of the progressive development of legal science. In Feuerbach's theory of criminal law, the act has not become the object of an independent study of criminal law, and Hegel as in the "<Law philosophy>> The following statement about the book is considered "the father of the concept of Criminal Acts." He pointed out that people will move right, only those who can be identified as his behavior, that is, knowing that according to its purpose and intent as its premise , and then, to ask him to take responsibility, behavior can only be attributable to the fault of the will. But Hegel is still limited to discussion of a deliberate action, and is still used in acts of sense attribution concept. Hegelian Criminal negligence included scientists will conduct the criminal law area, after Hegel, Bernal began to advocate for students should be punished sexual behavior and can be distinguished, so he called the modern founder of Criminal Acts .

(B) the various doctrines behavior theory
(1) of the causal behavior (the behavior of naturalism) on the behavior of causal understanding of behavior as a causal facts, as the physical, to grasp the physical process, including the natural behavior of (body movements that) and intends to conduct said.

Behavior of natural behavior that is purely physical body movements, this external action, including the body's "dynamic" and the body of the "static", as such action is dominated by the sense, what the contents of consciousness dominated action, not the concept of behavior the problem to be solved, but the responsibility of the content. Accordingly, the simple reflex, sleep, move, children's actions are actions. However, to incorporate them into the behavior of the object as an evaluation of the concept of criminal law, there is no meaning, innocent and not conducive to the phenomenon of exclusion as soon as possible
Intention to act, said that behavior is based on the physical meaning of the movement, that is under the control of behavior in the performance of the external sense of cause and effect phenomenon. According to the said acts include two elements, one is interested in, or consciousness, and second, a body or tangible. Here the concept of the meaning of the content was excluded from the act, and become the responsibility of the problem. So although the intention of sexual behavior characteristics, but the awareness is not the behavior characteristics of contents. behavior that would be interested in ideas and simple move out of the act of reflection, the concept of behavior and thus achieve many functions. However, the intended behavior that makes the contents of consciousness and awareness of separation, the awareness of the concept of behavior have become without content, empty, abstract concept. interested in behavior that is difficult to explain is the behavior not as fault addition, the intended behavior that often results are included in the behavior of the concept, and that this led to the concept of behavior is difficult to play limit function.

(2) social behavior on the social behavior of 30 years in the 20th century by German scholar repair Schmitt (EberhardSchmidt, l891.1997) are proposed. The basic point of view of social behavior, the criminal law is a means of social domination, it has social significance of the human body movement is criminal law behavior. The proponents of social behavior While the definition under the act is not exactly the same, but will be (social) concept as a core element of behavior, they considered "the possibility of domination by the mean" and "predictable result of the possibility of social" enough. there are also shortcomings of social behavior. Japanese scholars before the Tianya Ying said: "In the real explanation of where the criminal law, not to say that any behavior is rather important, can not be determined under the constituent elements. in addition to proposed Elements of 'social significance', in the conduct of the standards limit the scope of the practical significance of punishment could hardly recognized. "Itakura Wang said:" However, the so-called 'social significance', specifically referring to how the situation is not clear, so that behavior is not clear that the concept of a problem. "Links to free Research Papers Download http://www . hi138.com (3) the purpose of behavior on the purpose of behavior 30 years of the 20th century by the German scholar Will Ger (Welzel) first proposed. Purpose of behavior of the view that human behavior is to achieve a certain purpose 'kind of activity, it is the purpose of things, kind of phenomenon, not a simple matter of cause and effect phenomenon. Purpose of the act is expressed in, from the understanding of causality based on within a certain range of their activities may have foreseen some of the results, so the perpetrator to establish a variety of purposes, select the means to an end, towards these objectives and planned activities. In other words, the causal relationship between human behavior not only the whole process, but also the purpose of the activities of the whole process. It is precisely because one can implement a purposeful act, the penalty method can be used against the purpose of human activities or commands. So, the purpose is to constitute the core elements of behavior. the purpose of acts of Although the intentional act of telling, but not to the results used to illustrate the occurrence of the fault for the purpose of committing to difficult. because the negligent acts committed by the harm caused by the result, there is no purpose in the conduct of people within.

(4) acts of Personality on personality behavior that the behavior is behavior or personality found in the personality of the performance. (To conduct the reality of the personality of the subject's body movement is criminal behavior on the doctrine of) on the one hand, force majeure, reflective behavior, etc., not personal expression, and thus is not act, on the other hand, thought and consciousness of the conflict although of a person's psychological and spiritual activities in the field, but only stay in the heart, did not show the external behavior, it is not a personality show, and thus not act. But the question also exists on the behavior of personality. For example: According to the behavior of the view of personality, mental patients killing behavior, but also the performance of his personality, which is the behavior of criminal law. Negligent omission (forgotten commit) whether the expression of personality, but also in doubt. And what is the study of personality competition, whether involved in acts of criminal personality is worthy of study.

(5) the concept of negative behavior and negative behavior of the basic concept of view is able to avoid the result and not be avoided, the results must be attributable to the perpetrator. According to this view, acts and omissions, because they did not avoid fruit, so the concept of behavioral acts and omissions can be the upper concept. However, this concept of negative behavior, not the specific behavior of, and that the concept of negative behavior, not explain what is action, but to discuss return responsibility issues.

The various theories are used to or existing in the behavior of the popular doctrine of criminal law.

These views are all marked with the proposal and use of national habits, culture, traditional brand. As Savigny that: "The law is not the legislators intentionally created, but the embodiment of national spirit from generation to generation." Therefore, we should be in this if the principles of Marxist philosophy of negation of negation, of those doctrines, in addition to its dregs, drain their essence, to: "historical, foreign." We must not copy, copy these theories should be based on local resources, build with Chinese characteristics behavior concept.

Second, the definition and characteristics of behavior
How to define behavior is indeed a problem. Act to generalize the behavior of the definition of the nature and form factors, so no need to evaluate the object as a phenomenon of criminal behavior out of the concept, but also the concept of the act include all kinds of criminal acts. To do this it is necessary to refer to philosophy and other related disciplines, to the definition under the act, taking into account the characteristics of acts of criminal law. Different disciplines to act under a different definition, but they must act in the human consciousness ( including the knowledge and will) under the control of external events. criminal law behavior is not normal behavior, but the acts that endanger society.

Therefore, the behavior of criminal law, refers to the implementation of human consciousness based on infringement of legal interests of objective physical activity. This definition is actually a natural behavior of the above t, and the intended behavior of the combination of social behavior. Accordingly, the behavior a body of, potential, harmful three characteristics. First, the behavior is the human body, including passive activities and active. This is the behavior of the objective elements. Since human behavior is physical activity, so the thinking of breaking out of the behavior in addition, be excluded from the crime beyond followed. Second, the behavior is based on the implementation of human consciousness, or the external manifestations of consciousness, which is a subjective element of behavior. Finally, the act must be an objective violation of legal interest behavior, substantial elements of this behavior. As legal interest in the real aggressive elements of behavior, there is no act of infringement of legal interest is excluded from the act outside. Links http://www.hi138.com Research Papers Download