Criminal Law: Behavior Valuelessness: A Study on Result Valuelessness

Author: Wang Anyi
Publisher:
Publishing Time: Not available
Features: The judgment of behavioral non-value and result non-value holds significant meaning in addressing 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 assesses whether the behavior has truly possessed "social harmfulness" as required by 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 the crime constitution necessitates repositioning these concepts; second, researching the crime constitution based on behavioral non-value and result non-value involves exploring 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 mutual relationships and respective functions of behavioral non-value and result non-value based on practical legal foundations.