The Study And Adhibition Of Social Worthiness Theory In German Criminal Law

The concept of "Worthiness " was put forward by German logician Von Chrisas in 1889 in his article The Possibility Concept And Its Significance On Criminal Law. The Worthiness Theory in the criminal law was first put forward and explained by Hans in 1939 in his monograph Studies On System of Criminal Law. Hans pointed out that the criminal law on illegal must be added deliberately on the basis of the method of pure profit violation behavior and negligence. The historical behavior of the ethical order of the society should not be deprived from the behavior of normal social life, which is legal and should not be evaluated by illegal value. Social Worthiness Theory is of irreplaceability and certain reference significance in our country’s criminal legislation, judicial and criminal policy. Based on the carding of Social Worthiness Theory in the German criminal law, this study explores the various related concepts and theories as the foundation and tries to use it as a kind of impunity mechanism applied in China.This paper is divided into three parts to answer the "nature" and "usability ", "to where" and "how to use" problem of Social Worthiness Theory. The first part mainly introduces Hans quited the theory into the original state, the three major problems of the theory and the process from its creation to the development. The second part of the social theory analysis,mainly studies two aspects of its definition and theoretical basis of social worthiness theory and clarifies that society is irreplaceability of the theory. The theoretical basis of "results without value and behavior without value dualism" answers society with the question of "usability ". Domestic application of the theory of the third part studies the crime constitution theory system in our country, which is no conflict and the theory has the function of the essence of negative negative crime, takes the example of libel introduces theory of society worthiness to answer how / where to use it as a kind of crime mechanism of impunity.