Crime Obstructed In Our Criminal Law

A series of not constituting a crime behaviors representing justifiable defense and emergency areresearched in Constitution of a crime by Continental law and Anglo-American Law System．They do notconstitute a crime proved within the theories of constitution of crimes．However，The theory of ChinaCriminal Law does not discuss these behavior．They discuss it according to the Property Crime，notaccording to constitution of a crime. This way of research isn’t scientific，especially，after confining Thelegal principle of crime and punishment becoming unique legal basis．We should also from the crimeconstitution perspective to explore their．This paper first discusses the criminal hindering appellation．A detailed comparison of the scholars inour country to the justifiable defense is represented by a series of behavior of the appellation，putforward＂crime obstructed＂this new term．Crime due to friction is avoided from the term crime attributeangle obviously but not in crime attributes this part of the study of malpractice；it will the traditional theoryon the constitutive elements of the crime of accident，force majeure and without capacity of criminalresponsibility of the injury behavior of justifiable defense and emergency and other unified，into its thesystem of its own；but the term is accurate and concise, is most appropriate to summarize the reasons ofappellation．Discuss the criminal hindering in foreign criminal law system positioning．Comparison of thecontinental law system and Anglo-American law system in crime obstructed location, they will all crimedue to friction is incorporated into the system of constitution of crime，continental law system in the threeclass system，in which the exemption of illegality and crime obstructed is obstructed；Anglo-American lawsystem in the legal pleading is a crime obstructed，two big legal system in the legislation and the judicatureto send the obstructed made detailed provisions，on the ground for elimination of crimes in the criminal lawin our country the position with great significance for reference，the author thinks China criminal groupexemption should also be incorporated into the system of constitution of crime，in the system of constitution of crime internal to solve a crime obstructed，prove whether an act constitutes a crime and nocrime is constituted．The crime group exemption and the system of constitution of crime is containing andbeing contained relationship．Because the author thought crime obstructed should be incorporated into the system of constitution ofcrime，proposed to our country system of constitution of crime reconstruction ideas and vision，anddiscusses the system of constitution of crime reconstruction necessity．Profits from the mainland legalsystem of three class system, after reconstructing the system of constitution of crime have three progressivelevels of constitutive elements of crime should，illegality and accountability．The constitutive elements ofcrime as the first class，a behavior consistent with the Constitution does not constitute crime，onlysequentially after second, third class, not hindered its crime cause can be determined in the crime．This article profits from the Continental legal system division，on the ground for elimination ofcrimes are classified．According to have no law is divided into statutory crime obstructed and theregulations of the criminal hindering．The statutory crime obstructed by the criminal law provisions, somespecial behavior consistent with the elements of the crime reasons exclusion．The regulations of criminalhindering refers to the criminal law does not expressly provided for these behaviors are common， butaccording to the concept of life and spirit of the law and will act out crime subject. And introduces thestatutory crime obstructed and regulations criminal hindering species with．Think of statutory crimeobstructed has four kinds, namely，self-defense, the act of necessity，not consistent with the subject ofcriminal responsibility of behavior，guiltless event. Discusses the recognition of criminal hindering thenecessity，think，the continuous development of the society，law and the lagging of Substantial Illegality，embodies the regulations due to friction is the necessity of the existence of．A detailed analysis of the sixkinds of obstructed: self-help behavior，self-defeating behavior act, conduct proper business,accordancewith the law, commitment to victims，conduct and obligations of the conflict．...