The Jurisprudence Perspective On The Criminalization Of Victimless Crime Problem

Since the last century,the western countries has raised a far-reaching decriminalization wave,and then,the argument of criminalization and decriminalization on criminal legislation has not stopped.The most notable problem in the argument is Victimless Crime.The first one who proposed the Victimless Crime was the American scholar Edwin Shure,after that,the problem of Victimless Crime is controversial,too.In western countries,the decriminalization and light punishment of Victimless Crime has became the mainstream of legislation policy.But different countries has different attitude of legislation policy on the Victimless Crime which has sever social harmfulness.In China,the study of Victimless Crime started late and the provisions of the criminal law are also few.But in the effect of decriminalization legislation in western countries,there also occurs a heated discussion on whether Victimless Crime(especially the Victimless Crime which has sever social harmfulness such as drug abuse,prostitution and gambling)shuould be criminalized or decriminalized.The author thinks that,the development status and legal process of various countries are different.We shouldn't blindly follow the steps of western countries to implement the decriminalization policy,we should take account of China's specific national conditions,which includes the concept of traditional culture,the mainstream ideology of the public,the political environment and government policy,the economic system and development level,legal status,etc.to discriminate Victimless Crime.Based on the theory of Jurisprudence and criminal law,adopting the research method of theoretical analysis and empirical analysis,this paper believes that at the present stage,our country shouldn't copy the decriminalization legislation in western countries to solve the problem of Victimless Crime,we should concrete analysis of concrete conditions to adopt the criminal legislation policy of limited criminalization.Firstly,this paper presented the general theory and the concept of victimless crime,and also introduced the typical types and distinguish standard of it,which paved the way for the in-depth analysis later.Secondly,this paper proposed the theory and legitimacy analysis of victimless crime,in this part,it introduced the theory foundation of the victim of decriminalization and the review of the heated theoretical disputes.Thirdly,this paper took drug abuse as an example,proposed the analysis of the feasibility of criminalization of the victimless crime,which has great harm to the society.In the fourth section of this paper,through the introduction of the legislation practice of many other countries as well as China's national conditions,demonstrated our country should make which kind of choice of legislative model.Finally,came to the conclusion that in contemporary China,we should take limited criminalization policy to solve the poblem of victimless crime.