Behavior、Constituent Elements And Type: One Kind Of Systemic Discussion

The “behavior-conformity of constituent elements-illegal–accountability”system declares separation of behavior and crime. This separation leads to twoquestions:(1) Behavior areas,which as the underlying factors and connecting factors,inevitable extends to the constituent elements compliance areas. Thus, the function ofbasic and connectivity of behavior is destroyed;(2) Giving up the concept behaviorbefore the constituent elements, will lead to the lack of system meaning of behavior. Itcan not offer people essence understanding of “what is a crime”. Based on thisdilemma, It is very necessary, which is Reconstruction of the type of behavior fromthe constituent elements compliance significance.Separation of behavior and crime, is a dualism methodology embodies inphilosophy.“Dualism” methodology initiate separation of fact and value, which isimpossible to derive value from the fact. In fact, the “Dualism” methodology shouldbe criticized. One reason is that,“Dualism” methodology in epistemology take puredeductive. In other words, law norms as a value areas can deduced another law normsas a value areas in the way of pure deductive. If it is able to find the law like this,thatis in the way of pure deductive. Then, there is always a right answer in each legalissues. However, in practice, the discovery of the law is always controversial and it isfull of differences in understanding of the law. The second reason for criticism is, in criminal law, with understanding on acts of omission, People are able to deduce aconclusion that omission can not be entirely known, under circumstances ofoutstrippedding the value. This shows that, omission that is areas on the fact thatsignificance being recognized, contains its own value and ought to level. The thirdcriticism of the grounds that,“Dualism” methodology which advocate separation offact and value, can not afford to play a fundamental of understanding normativeelements.Reconstruction of the type of behavior will abandon “Dualism” methodology,adhere to the “Monism” methodology which advocate the point of view-fact containvalue. In that way, behavior and crime polymerization will form a type of structure.Accordingly, the criminal system will be transformed into “behavior-illegal-accountability”. According to the behavior of the type constructed, behavior refers toa type results of criminal code prohibits. This is to maintain the type of behavior todetermine the center value. In addition, type of behavior, include objective elementsand subjective elements. The behavior of the type of structure bring important turningfor the interpretation of criminal law. A set concept and method will become animportant tool for the interpretation of criminal law.