The Discussion Of The Decriminalization Of The Victimless Crime

Since the nineteen sixties,the non-victim crime has always been the hot topic in the theoretical circleof western countries.It produces a far-reaching impact on the criminal law’s legislation in the wholeworld,many countries have launched a criminal law reform. In the recent years,China has also joined thiscraze,many scholars has focused on the effect the non-victim crime will do on China’s legal reform. Whatwe must pay attention to is that the decriminalization of non-victim crime is the realistic problem that allcountries must face. With the change of non-victim crime’s criminal policy,some countries hasdecriminalized non-victim crime. Compared with other countries,the decriminalization of non-victimcrime in China is smaller and lighter. There are a lot of controversies in the theoretical circle. I think thedecriminalization of non-victim crime need not only the proper theoretical basis, but also the combinationof the development of a countries and the social public feelings or other factors. Therefore,it is not a planeproblem, it is a three-dimensional problem, we should consider it in each perspective. We can not justconsider decriminalization or nondecriminalization. It is the pressing matter of the moment to find a gapto solve the problem.In my opinion, from another point of view, the problem of the victimless crime is to delimit the circleof crime. In this paper, in order to explore the victimless crime, I will discuss it from three aspects. Thefirst part is the overview of the victimless crime. I will discuss the background,the concept and the rangeof the victimless crime. In the second part, I will discuss the theory and practice of the descriminalizationof the victimless crime. After that, I will give my advice to the descriminalization to the victimless crime.Firstly, I will observe the legislative status of the victimless crime. Secondly, I will study the typicalvictimless crimes in China’s criminal law.I hope besides drawing the conclusion of my own, I can offer afew ordinary introductory remarks so that others may offer their valuable ideas. I wish this artical canplay a positive role in the criminal legistion and judicial practice of the victimless crime.