On The System Theory Of The Essential Features Of Crime

Based on the theme of the essential features of crime in our country,and combined with the comparison between the nature of crime and the essential features of crime,this paper is to explore the exact meaning of the theme with the basic principles of dialectical materialism philosophy system theory as the guiding methodology.Controversial viewpoints hold by some law scholars like considering a specific feature as all essential features of crime,not clearly defining the contents of essential features of crime and the role of crime constitution playing in process of a criminal behavior and confusing the nature of crime with its essential features are prevailing in the academic law circles as the study found.Lacking of a complete understanding of the crime,practices have encountered the following problems: the close ties between the general provisions of criminal law and the specific ones in the law application are divided;illegal behaviors such as "Drunk driving" and "Making and selling counterfeit drugs" are convicted under the bias of applicable laws.These theoretical and practical problems need to be dealt with on the basis of a comprehensive analysis of the essential features of crime.This paper consists of five chapters:The first chapter is mainly to introduce the concept and function of the essential features of crime and mainly to introduce the basic category and functions of system theory.The philosophical basis,the values in the real society and the ABCs of system theory will be talked about in the first part.While the second part will focus on the main functions of system theory.The second chapter is to explain the essential features of crime.The first part illustrates the different understandings of essential features of crime in the theoretical circles and the reasons behind,and at the same time it shows the existing misunderstandings in the relationship between the general provisions of criminal law and the specific ones and shows why confusing the nature of crime with the essential features of crime is an important theoretical problem.The second part points out the realistic predicaments of the essential features of crime: convicting such illegal behaviors as "Surrogate exam-taking" and "Drunk driving" is practically controversial in the judicial practices.The third chapter utilizes system theory to analyze the essential features of crime.This part analyzes the different views about the essential features of crime from the perspective of system theory.The second part will use the system theory to clarify the theme of this paper in the following order.First,the standard premise of the three characteristics of crime existing in the penal code.Next,the logic basis of the three crime characteristics in the relationship between the whole and the parts.Then,the close-linked integral body of the three characteristics of crime is.Finally,the systemic overall of the three characteristics of crime.The fourth chapter is using the system theory to deal with the problems mentioned above.Sticking to the systemic position of the essential features of crime,strictly distinguishing the criminal essence and the essential features of crime,and clarifying the relationship between the general principles of the systematic criminal law and that of specific provisions will be explained in detail in the theoretical part.Convicting surrogate exam-taking and drunk driving explicitly will be illuminated in the practical part.And some related theories and personal advice on facilitating legislation will be put forward.