The Research of Non-Victim Crime
|School||East China University of Science and Technology|
|Keywords||non-victim non-victim crime legislation completion punishment exemption|
In recent years, the non-victim crime has been very concern in the criminal law educational world. With the rise of the this ideas, every country mostly adopts non-criminalization policy for their less social hazards. But every country has different attitudes on the problem if should be non-criminalization. Compared with the other countries, the provisions about the non-victim crime in our country’s criminal law are less, but under the influence of its legislative trend, there is an argument on criminalization and non-criminalization of some criminal behaviors, such as licentious crimes, drug crimes and so on.In China, non—vicitim crimes are still in existence extensively, while researches on this is inconsistent and superficial, and no systematic and comprehensive works has been published. The Nanjing wife-swapping case as the starting point to explore a non-victim crime. Except foreword and conclusions, the thesis consists of the following four parts:The first part, the brief introduction of the non-victim crime. This part analyzes deeply the background, the concept and characteristics of the non-victim crime.The second part, views of the non-victim crime. In this part, we around this problem analyzed four theories which are called "No-Rechtsguts Verletzung","Pure Ethics Protection","Pure Voluntary Behavior","The Victim is Unconspicuous".The third part, the contrast of the non-victim crime in world. This part first analyzes its development history in our country and the other nations based on the previous part. Then this paper considers the policy comparison of the legislation and reflection between Chinese and foreign.The forth part, the challenge of punishment exemption of non-victim crime. Firstly, this part explains punishment exemption of non-victim crime. Nextly, analyzing the possibility and necessity of the exemption. At last,giving legislative suggestions on punishment exemption the non-victim crime.