Study Of Criminal Law In The Plot

As a special term in criminal law, the word "circumstance" is a new thing. It is true that there are similarities between the content and action of "circumstance" and some other terms. These terms exist still today and will not disappear in the future. "Circumstance" appeared firstly in today Chinese criminal law, but it does not work truly and completely. The reason is that there is not a complete and utility theory of the circumstance. Though they have some use, the old theories also have much more faults and shortfalls. As the reason is concerned, one is the laciness of legislative provision; the other is the wrong method of study. How to understand and use the circumstance in criminal law is a question that the departments of legislation and justice have to face. Accordingly, it is necessary to make a thorough and system study.The first part of the paper analyses the circumstances in criminal law wholly. At first, this part make a definition of the circumstance, points that it can be divided into two levels, emphasizes that the execution circumstances can not be ignored, and then makes a conclusion. At last, it makes an analysis on five characters of the circumstances in criminal law.The second part is aimed to analyze specific types of the circumstances. Its major assignment is not to make a class, but to find questions s and dissolve them. The part does not choose all of the circumstances from. As the importance is concerned, the parts classify the circumstances into seven groups by different criterions. These respects are action of the circumstances, qualities of it, forms of it, etc.The third part discusses how to apply the circumstances in act. As the amount of the paper cannot be too large, three types of circumstances are involved: The first is the applicability of circumstances of penal discretion, the second is the applicability of discretionary circumstances, and the third is the applicability of general circumstances.The fourth part of the paper states the questions about the offense by circumstances. The part makes a bound of offense by circumstances, generalize the types of it in legislation,.The fifth part is to make suggestions for the legislation. There are four aspects needed to be improved. First, the part analyses "obvious slight circumstance"; Second, it suggests that the circumstance of many ranges should be abolished; Third, discretionary circumstances should become lawful circumstances by and by; Fourth, it appraises the lawmaking reason of offense by circumstances and makes several pieces of applicable suggestions.