Dangerous Criminal Identification And The Choice In Our Country

"No act had no crime, no punishment," theory of criminal behavior to occupy a central position. The purpose of criminal law is the protection of legal interests, Infringement on the legal interest or danger caused by the conduct against the adjustment of the Criminal Code. Danger and conduct real harm is to be subject to criminal punishment grounds, so dangerous to judge on the issue is particularly important. However, judgments about danger is a difficult problem in criminal law theory. More than a century, civil law criminal law theory being on the controversy. Based on the risk of foreign judgments in criminal law theory and doctrine of the sort assessment, theory and practice of justice in our country, this view that the judgment on the danger of abstract and specific danger should be substantive, rather than making judgments, danger judgments is the unity of value judgments and the fact determine ,of the effect of a country's ethical culture, and criminal policies.In addition to the introduction and conclusion ,other than text is divided into four sections:Part I: an overview of the criminal law dangerous. The part of the criminal law dangerous was outlined and the classification of the dangers that abstract and specific danger, the difference is the different degree of abstraction. whether concrete or abstract of danger, the danger is real, we need judges to judge, just the facts as determined according to different levels of abstraction, specific danger, based on the information to judge the facts, as carried out by the low level of abstraction, abstract danger, on the basis of the information to judge the facts, as carried out by the high degree of abstraction.Danger should be the foundation of criminal law is subject to punishment. On the function of criminal law, criminal law norms, different understandings of the nature of crime, affecting the danger identified. Criminal with protection of legal interests and the protection of human rights functions, risk behavior should lead to a legal interest against the objective results of specific risk; Criminal Rules is the first code of conduct, risk should be taken to pre-judge found that most people's judgments.Part II: risk of criminal law recognized the doctrine. Some sort of civil law countries of the theory of criminal law judgments on specific risk assessment methods and gain a subjective and abstract danger that is said to penalize the character actors on the meaning of risk or danger. Objective risk that most people did not act against the law feel the benefits of risky behavior as illegal, only to later determine the risk of unlawful conduct to judge, ignoring the criminal law in social life as a code of conduct and play the function.Part III: Criminal Law Dangerous identify the substance and focus of controversy doctrine. The basis of some theoretical level, clarify the source of controversy among different theories, the fact that risk is considered a judge, after judging the information should be identified in advance, the overall objective act and not a subjective awareness of the fact that the content . The danger of the criminal law can only be understood by the general people, the dangers ,need the other to limit the risk of influenza. Part IV: China's selection of a standard of risk determined. This part discusses the theory of criminal law at present on the awareness of danger, puts forward the risk identified in the criminal law should adopt the attitude and choice.Identified risk should be identified in advance the objective behavior after the fact-based information to the general risk of people feeling as the standard, standing behavior (pre) judge, then causal laws through scientific reasoning, rule out the possibility of danger does not occur, Comprehensive determine whether there is dangerous behavior. Recognized standards of risk is not static, and subject to criminal policy guidance and regulation, the general view that the danger and risk should be subject to punishment is not always consistent, risk identified is the subjective dynamic in the process of objective facts, susceptible to external factors.