Legal Studies On Structure Of Criminal Norm

The theory of the criminal norm is an important part in the field of the criminal theory. In recent years, some relevant articles only discussed logic structure of the criminal norm and lacked in researching the allover structure of it. By the method of comparing and connecting theory with practice, the innovation of my thesis lies in discussing the criminal norm in the angle of analyzing the structure of the criminal norm. The thesis is clued by the method of analyzing the structure of the criminal norm, in hope of improving the theory of the criminal norm in our country. This thesis has four chapters.The chapter one is a panorama of the structure of the criminal norm, which focuses on the analysis of its basic conception. In author's view the concept of structure is that the elements in one is not absolute independence, what's more the elements are all in action and contract with each other for the whole thing. The structure of legal norm means the function of legal norm is realized by the acting elements and by their contract. Indeed this contract is a reflection of the real social living. Therefore my stand of the structure of criminal norm is not only from the items in a code, but also from the real social living.Chapter two is mainly to pursue the rationality about structure of the criminal norm, and to show why the only way to analyze the criminal norm in method of structure. The method of structure of the criminal norm is scientific and reasonable, and is necessary for the principle of criminal law and for the development of the theory of the criminal law.Chapter three gets two means of the structure of criminal norm. The one is that we should try to find the certain elements in the logic structure from the representation of the norm. And the other is to find the content structure of criminal norm and ensure the contract between the legal norm and the criminal norm.Chapter four makes further explanation of the sociological of the criminal norm to clarify the elements of criminal norm in the view of actuality, in order to ensure the items in a code into a living case.