The Concept Of Crime Book Discussed

"Criminal Law is a Last resort evil to others.Used properly,both the individual and the society will be benefited;used improperly;both the individual and society will be suffered.Therefore,it is possible for the expansion and abuse of criminal law.We must remain alert enough.The Last resort evil only can be used as a last resort method,this is also the Theory of the use of criminal law."This statement deeply consistent with the proviso,which is NO.13 of the Criminal Code.The purpose of the Proviso is Limiting the application of criminal law,which makes "The plot of one behavior is remarkably slight and not very harmful" outside the criminal circle,it is consistent with the principle of criminal law qianyi,and plays a role in the protection of human rights.However,this unique part of the criminal conception is not a matter of course to perform its due functions.Either,It is neglected by theoretical research and neglected by the Judicial practice,or becomes the target of public criticism because of its unique--- in contradiction with the conception of crime,in contradiction with the Principle of Crimes and Penalties,in contradiction with the principle of the crime constitutes,Ambiguous elements and lack of operability,Etc.So,it is hard for the real application of the proviso.However,because it concerns so many theoretical issues,the research value of the Proviso is highlighted.Also based on that,I dare to use the little to get the big,discuses the work of the Proviso.This paper includes the following sections:Chapter one is a brief introduction to this thesis,which concludes raising a question and discussing the division of the formation.The major part is the important of the proviso from the angle of the conception of crime.This thesis will divide the field of reach from two points of view,one criminal conception,the other criminal constitution,which are very important.The second part of is the analysis of the proviso.This part is the basis for exploring the theory,it is also one of the key points.First of all,analysis on the origins of the proviso from three aspects:the basis thought of the bud of proviso lie in the tradition that law is not responsible for the public and the humanitarian spirit.But the forms of proviso follow the Soviet criminal Code.Our country's circumstance makes possible the continuation of proviso today.Secondly,in order to identify the concrete substance of proviso,this thesis explore the concrete meaning of the "plot","slightly significant","not very harmful" and "not regarded as the crime "in turn".Thirdly, discuses the value of proviso from two aspects,one is the function of exclusions,the other is well-found function.The third part focuses on two questions,the proviso and criminal conception,the proviso and criminal constitution.This part is also the embody of the well-found function of proviso.The proviso not only improves the criminal conception,but also improves the criminal constitution.Specifically,first of all,the former part makes the status and reason clear,regulates the criminal conception,analyzes the dispute in our country's criminal conception and sticks to mixing criminal conception clearly from the aspects of criminal conception's dispute and the abolishment and preservation of proviso,in order to extinguish the inferno.Secondly,based on the formal,identifies that the regulation of proviso is an important part of our country's criminal conception. The latter part also discusses the abolishment and preservation of proviso firstly: through the introduction of criminal constitution theory,understanding the traditional theory of Chinese criminal constitution,analyzing the query of proviso on criminal constitution,analyzing the contradiction between the proviso and the theory of criminal constitution,in order to make sure that the theory of criminal constitution needs the regulation of proviso.Secondly,this thesis will discuss which the first between criminal constitutions and application of the proviso on the premise of that it is necessary to regulate the proviso.The fourth section elaborate the applicattion and improvement of the proviso.First of all,discusses the order of proviso's application.This thesis analyses the different application of the proviso between public security,procurator organs and courts,and gives my view on the scope of the application of the proviso.Secondly,the thesis put forward the suggestion of Legislative and Judicial in order to improve the regulation of proviso.The last part of the article is the part of conclusion,restated the importance of proviso,as well as twists and turns of its prospects.