Research on Behavioral Invaluable and Resultative Invaluable in Criminal Law

Author: Wang Anyi
Publisher:
Publish Date: 2005-02-01
Features: The judgment of behavioral non-value and result non-value holds great significance in resolving practical issues in China's criminal law. In China's criminal law, the determination of crimes not only considers whether the behavior has formally met the elements of a crime but also whether the behavior has truly possessed the "social harmfulness" required in the elements of a crime. Based on the above considerations, this book boldly delves into this new topic and reflects on some issues in China's criminal law theory from the perspectives of behavioral non-value and result non-value. The study of behavioral non-value and result non-value in China's criminal law inevitably involves theoretical expansion. First, studying behavioral non-value and result non-value within the framework of criminal constitutive elements necessitates a repositioning of these concepts; second, researching the criminal constitutive elements based on behavioral non-value and result non-value involves the exploration of a new field. In terms of methodology, this book adopts both traditional comparative analysis methods, which involve further clarification, comparison, and evaluation of behavioral non-value and result non-value theories in German and Japanese criminal law theories, as well as combined theoretical and practical analysis methods. This approach shifts away from the traditional one-way analytical mindset. On one hand, it uses behavioral non-value and result non-value judgments to study practical legal issues; on the other hand, it examines the interrelationships and respective functions of behavioral non-value and result non-value based on practical legal frameworks.