The Research On The Limited Incrimination Of Victimless Crime

There is a little non-victim crime in Chinese Criminal Law; the domestic research onnon-criminal victim is not in-depth. In Western countries, the limited incrimination ofnon-victim becomes the mainstream of legislative policy.In Some countries, drugs, gambling behavior such as a crime begin to engage inprostitution, even legalized. In recent years, influenced by the west, the non-victim criminalabout “euthanasia cases”,“Nanjing associate professor of wife-swapping case” constantlyproduces controversy. Whether we should follow the decriminalization trend, becomes thefocus of people’s discussion. At the same time,"Yellow","gambling","poison" phenomenon,have become increasingly rampant. So people have a doubt on the decriminalization. Scholarshave advocated from the limitation of administrative means, Advocate drugs, and prostitutionand so on into the criminal law "crime ring". In this context, the limited view of crime greetedthis kind of crime and non crime line and by the way. Can largely overcome absolutedisadvantages brought by the crime and non crime, Criminal law more operational, morefitting to the actual needs of the community. The author thinks that, the limited incriminationof non-victim play a role in deciding whether treat some kind of "non-victim criminal"behavior as a crime on the law, the way of the legislation take both of criminal or in criminal.In particular, we should classify the victimless crime. Decriminalization of some minor harmvictimless crime, Criminalized the serious victimless crime this legislative policy is therational choice which is based on China’s national conditions. It also can meet our currentneeds, to achieve the unity of the social effects and the legal effect.The text consists of five parts.The first part is the introduction, to introduce thesignificance and purpose of the non-victim crime. To guide Chinese criminal legislation is thepurpose of this research. Actively promote the limited criminalization contributes to China’sprevention and control "victimless crime" phenomenon. Besides, the part also makes a briefdescription of the research status at home and abroad.The second part is an overview of the limited criminalization of victimless crimes. This part is identifying the concept of the limited criminalization on Victimless crime.Secondly, the part of the crime victimless crime and non-crime and the reasons put forwardCriminalization and Decriminalization parallel victimless crime limited criminal point of view,The doctrine of the mean values, the austerity of criminal law, criminal law limited morality,provide the theoretical basis for limited criminalization.The third part is about the domestic and international regulatory status of victims ofcrime legislation. Decriminalization is the main choice of foreign countries as well as Taiwanregion. However, in most countries of the Criminal Code still did not relax the regulation ofthe serious harm of drugs, prostitution, and gambling and other victimless crime phenomenon.Fewer types of victimless crime provisions in the Chinese Criminal Law, such as drugaddiction, prostitution and other acts in China have taken administrative means to control, theother adultery, homosexuality, abortion and other acts in our country is not considered acrime.The fourth part of the focus on a limited criminal is a rational choice of China’sregulation victimless crime. This part through the analysis of the defects of crime and noncrime, and both of fusion, based on the current traditional idea, legislative, politicalenvironment, public opinion and social value both to analyzes the necessity and feasibility ofregulation without the victim of crime.The fifth part is about the limited criminalization legislation and policy in China’scriminal legislation. By the crime of prostitution class, the crime of inciting debauchery,pornographic materials class crime, euthanasia behavior injurious behavior committed by thevictim, the crime of drug classes and the crime of gambling discussions and put forwardconcrete proposals for our limited criminal legislation and policy.