On Violence In Chinese Criminal Law

As one of numerous behaviors in specific provisions of criminal lawviolence which have been typed, it has the proper concept and characteristic.The violence acts on a constitute behavior in a lot of criminal acts, it isnecessary to reveal the content of violence. However, revealing the content ofviolence is paid less attention to by criminal law interpretation andinterpretation criminal. That is to say, there is no explicit provisions of theviolence content in the legislation and in the judicial interpretation of the twohigh judicatories (The Supreme People's Court Of China and The SupremePeople's Procuratorate Of China).It lacks the study of general characteristic'sconcept and its characteristic in interpretation criminal law. We explain thecontent of the violence behavior only when we analyze objective aspects ofspecial crime act. If the content of violence cannot be clarified in the specificoffence that violence is taken as the act mode, it will be greatly difficult tojudge the specific crime correctly. For example, their exists many similaritiesand great difference between the violence in robbery and the violence in thecrime of seizure, both in object violence targeted at and the degree of violence.Therefore, it is great necessary to understand the content of the violence ininterpretation criminal law and the difference and connections between theviolence and the correlative concept of other behaviors. On this foundation wecan study the general characteristic of violence in various forms, and also wecan study the characteristic of the violence as aufuhurung.Since this thesis discusses the violence in the base of interpretationcriminal law, we should reveal the norm structure after reordering violence inthe violence norm and the norm functions it performs. Then we can understandthe role of violence norm in conviction and discretion of punishment by furtheranalysis.The act of violence has many expressional forms. So we can categorizeviolence from various point of view. Its purpose lies in further thoroughunderstanding of fundamental feature of violence. To define the concept ofviolence and to conclude the feature of violence and to categorize the violenceis nothing but to provide the material the basic theoretical foundation for thespecific crime research.This article is divided into three chapters. The first chapter is the summaryof the act of violence, which includes: 1.The ancient legislation of violence.The article enumerated some prescripts of violence crimes of ancient times.illustrating that violence crime was punished by the criminal law from theancient times. 2. The concept of violence. In contrast to violent menace,injuryand commit physical assault, we can distinguish their connections anddifference ,and make out the inherent field violence applied to. The differencebetween the violence and menace lies in that the violence is a malicious hurtwhich have already become a fact and was current. But the menace is amalicious hurt which is a possibility in the future only. The violence is one ofinjury. Injury in criminal law should reach the extent of slight injury; thecommit physical assault is a kind of violence, It has the general attributes withviolence, but it has strict restrictive condition, which is generally suitable in thespecial occasion of the right of unlimited defense. 3. The expressional forms ofviolence. The act of violence has various expressional forms. But in general itcan been generalized into beating violence and forcible violence. Theexpressional forms of the act of violence do not influence its natural attributivecharacteristics. 4. The act of violence acts as aufuhurung. Namely, to probeinto the concept and the characteristic of violence under the attribution ofaufuhurung, and discussing normative attribution of violence guided by thefunction of interpretation on the legal interest theory at methodology. Violenceas aufuhurung should mean that the actor exercises physics strength withpractical dangers of violation on legal interest. 5. The analysis of the violenceon the axiology theory. Namely, to probe into the different showingrespectively between the violence which acts as commission of offence and theviolence which acts as reasonable act. At one hand the violence is evil and atthe other hand the violence is beneficial. This article think that the general concept of the violence in criminal lawrefers to : violence is a corporeal physics strength that can result body orcompulsive state mentally for victim, thus enough to hinder the freedom ofmeaning determination and action in accordance to it .And the violence is amalicious hurt which has already become a fact and was current or havealready been carried out completely. The violence of criminal law must meetthe thirteenth provision of criminal law. The violence without significance incriminal law should be excluded from the visual field of the criminal law. Asaufuhurung, the violence in criminal law must have practical dangers ofviolation on legal interest". The content of chapter two is about the violence characteristic and theviolence type. Through the concept definition of violence and the analysis ofaufuhurung in violence ,and returning to the special provisions of criminallaw ,the thesis probes into the legal and factual characteristic of the violenceand divide violence into different types according to different standard. Firstly,the article starts with the position of the violence act and the function itdemonstrates in criminal norm, then it probes into the character and function of...