Research Of The Dualistic Paradigm Of Anti-value Acts

The controversy between the theory of Handlungsunwert and Erfolgsunwert is a common dispute between Chinese and foreign criminal jurisprudence.And gradually permeate into the theory of crime,the theory of penal and the various aspects of the specific crime.The disputing of Handlungsunwert and Erfolgsunwert is also the focus of our criminal law with the introduction and continuous development of the German and Japanese criminal law theory.This paper makes a systematic and thorough combing of the theory of value-worthless behavior and the theory of value-free results.The purpose is clarifying the theoretical connotation and development course of Handlungsunwert and Erfolgsunwert.To make a concrete analysis about advantages and disadvantages of the axiology and the unworthiness monism of the behavior.To discuss the rationality of the dualistic paradigm of anti-value acts.The author thinks about that combining the theoretical background and social background of our country,the dualism of behavior is the most suitable for our country's criminal law theory at present.This article is divided into four parts.The first part is the introduction.This part briefly states the background and significance of the argument between Handlungsunwert and Erfolgsunwert,as well as the existing problems and the way for China's development.The second part is the comment of Handlungsunwert and Erfolgsunwert.First,it expounds the development course of the theory of behavioral axiology at first.The origin and development of the monism of the worthless monism of behavior and the content of the dualism of the unworthless behavior are discussed in detail.Secondly,the content of the theory of value axiology is discussed.Finally,it analyzes the focus of the theory of the antithesis of behavioral axiology and the theory of value axiology.In this way,the theory has been systematically and deeply arranged.The third part is to demonstrate the reasonableness of the dualism of the worthless behavior.It mainly analyzes from the theory of legislation and interpretation,and refute the criticism of dualism in the theory of criminal law.The theory of legislation is mainly analyzed from the development process of the system of the theory of crime and the embodiment of the criminal law.Interpretative theory mainly expounds dualism in the sense of illegality,the rationality of victim's promise,the distinction between attempted and incapable offenders,and the rationality of the interpretation of accomplices.The fourth part is the concrete unfolding of the dualism of action and worthless dualism in the criminal law of China.First of all,we analyze the dispute between the theory of value and the theory of value of value in our country.To clarify the meaning and the antagonism of the unworthless behavior and the result of the result under the criminal law theory of our country.Secondly,our country is in the context of the social background of the transition period and the theoretical background of the reconstruction of the system of the theory of crime.The dualism of worthless behavior is more advantageous in our country's criminal law theory.It can explain the problems in judicial practice reasonably.So it is a reasonable choice for China's criminal law to establish a worthless dualism which focuses on the unworthless results of the result.