China 's Choice Of The System Of Crime

Crime constitution theory is one of the most important theory in the whole criminal law field, its value in the criminal law:theory and the practice make the theory successfully won the "crown" of the core theory of the criminal law field. The study of the crime constitution theory of our country began in the 1950’s when the theory of crime constitution of the Soviet union was introduced in China. Since then.our country’s crime constitution theory and even the entire criminal law theory gradually to prosperity. However, with the internationalization of the theory of criminal law, the crime constitution theory of abroad become more and more attractive in the field of criminal law in our country, many criminal law scholars of our country gradually shift the attitude to our country’s traditional crime constitution theory system under the stimulus of the "halo" of the foreign crime constitution theory system, the debate on the theory of crime constitution is thus expanded. Even to this day, the controversy still imposing manner.In such situations. The choice of the constitutive theory of crime in our country has become the problem that the theory of criminal law has to face. But throughout the world of criminal law theory, the crime constitution theory system of continental law system and Anglo American law system are undoubtedly the most influential composition system in addition to the traditional crime constitution theory system in our country.Confronting the challenge of domestic many criminal law scholars on our country’s traditional crime constitution theory system and the resulting reconstruction theory, maintenance theory and improvement theory of the crime constitution theory system, the traditional crime constitution theory system in our country must stay awake in this debate, and seek a scientific way to meet the theoretical and practical situation for itself, thus to provide strength for the development of the crime constitution theory in China and even the entire criminal law theory and the practice work.This paper adopted the method of combining the theoretical research and actual application research,combining the dynamic and static research method of. Among them, the method of combining the theoretical research and actual application is mainly based on the existing three major crime constitution theory system of the current situation of the objective analysis and comparison, found that all the crime constitution theory in theories, practice and the advantages and disadvantages of value and on the basis of the reinforcement and improvement at present our country crime constitution theory system, and then make a suit of our country criminal law theory and judicial practice of rational choice; Method combining the static and dynamic study is based on the existing three major crime constitution theory system itself and each of the formation, development and improvement of the crime constitution theory and its influence to the judicial practice of criminal law, in order to scientific and rational methods to obtain more objective rationality and contribute to the development and progress of China’s criminal law-theory and practice research.In this paper, a total of forty thousand words, from introduction to conclusion is divided into six parts:Among them, the introduction to the analysis of the actuality of our criminal theory system, expounds the theoretical and practical significance of the thesis study and cultural significance.The first chapter "introduction to crime theory system of crime theory system" made elaborate the concept and characteristics, on the whole grasp the crime theory system, in order to after a comparative study of the specific crime constitution theory.The second chapter, "theory of crime system choice in our country of origin:crime constitution theory of medium review" details the continental law system and Anglo-American law system and the socialist legal system of crime constitution theory-, the typical countries from the subtleties of the three representative national law system the characteristics of the crime constitution theory system. After comprehensive combing with the review also makes chapter of crime constitution theory is more logical flow, having substance in speech.The third chapter "crime theory system of choice in China to identify:crime constitution theory" from three sides facing three major theories, value and practice crime constitution theory are compared, and one by one and then together to "break" the civil law "perfect" the illusion of crime constitution theory, from the perspective of objective reference to analyze and compare the theory of crime constitution theory and the practice value, to the crime constitution theory system choice in our country to provide theoretical support.The fourth chapter "crime theory system of our country the arrival of choice:crime constitution theory’ to go from" section is the focus of this article and innovation, in the first three chapters theory carding and comparison of the argument on the basis of identifying the advantages and disadvantages of our country criminal law educational world existing crime constitution theory, and then clear the crime constitution theory "from", should be made to the current system of crime constitution theory of reinforcement.Conclusion part of the total above, of crime constitution theory research in China are pointed out "academic bias", and from up to the entire criminal law theory of crime constitution theory research. Though the theory of advanced abroad, but is not "nothing", on behalf of the China’s local theory too "from the" foreigners "lost his" will only make the academic research, the stability of change and self repair is the way of crime constitution theory and even the entire criminal law theory.