Study On The Reconstruction Of The China's Crime System

The system of crime in Germany and Japan sets up on the technology of separation of "illegalness" and "guilf".The "illegalness" has a specific meaning——criminal illegalness. But in China's criminal law, the existence of "the Circumstance Crime " makes that refining the criminal illegalness which does not depend on the "guilt " becomes impossible. At the same time, the request of the "amount" of guilt in China's criminal system leads that "illegalness" becomes an element of the "guilt".This is a fundamental denial that the technology of separation of "illegalness" and "guilt" can be effective in our country. Under the premise maintaining tradition Criminal Theory System, the author restructure our country's Criminal Theory System. Explanation tradition system for the document of the substantive criminal illegality, and includeing anti-illegality into the composes of the behavior. Introducing the theory of the Zumutbarkeitis, realizing the transformation from the psychological responsibility to the standard responsibility.Theory is born to solve problems,the final settlement of the system of crime is whether the Behavior constitutes a crime.And whether the Behavior constitutes a crime,whether the ultimate penalty as the main determinant of whether there is criminal guilt.Unlike the system of crime in Germany and Japan,our criminal law expressly provides for the crime of another set of quantitative requirements,not only for illegal quantitative quantitative,but is also highly quantitative guilt,which determines our criminal system not only has the function of judging the guilt has or not,but also to has the function of judging the size of guilt.Under normal circumstances, the illegal height is the height of guilt and does not need to make additional visits, but under the case of the no or weakening Zumutbarkeitis,the illegalness does not represent the height of guilt level. In my view,guilt is the will to achieve criminal guilt,the amount of guilt by the illegalness,Zumutbarkeitis,and the fact of the conversion of the illegalness to guilt.This may be simplified formula:S=I*Z.I will explain our traditional criminal system to a criminal lawless elements,with the "capacity to act in a premise,in order to create not dangerous for the content of the intentional,negligent,can not be implemented for manufacturing dangerous behavior,and its result" to substantially explain the illegal activities,which will incorporate the subject of illegal acts constitute obstructing or vision without the need to look at the other constitutes the basis outside.I take the broad concept of the Zumutbarkeitis,and the the knowledge of illegality (the possibility) to the information of the judging the degree of the Zumutbarkeitis.which overcomes the malpractice of the system of crime in Germany and Japan investigat class degree in the study guilt,responsibilityZumutbarkeitis,Consciousness of illegalit,who is the Lord,which have priority,can only be qualitative rather than quantitative defects.