论我国刑法中的暴力-刑法学专业论文.docxVIP

II II Abstract As an important behavior type in the criminal law，the violence is an object specified by various countries’ criminal laws. However, it lacks deeply study of the violent act. Scholars take the elementary discussion of the violent behavior only when they analyze objective aspects of special crime act involving little the general concept, the substantive intensions, the characteristics, the types and the status of the violent behavior. Therefore, the comprehensive accurate understanding and the studying violence have the important theoretical significance and the practical value. The article has a comprehensive analysis of the common problems about violence from the angle of science of penal interpretation, using the method of the comparative analysis, taking the reasonable things of the criminal law and the correlative theories outside China’s territory for example and combining China’s criminal legislation and judicial practice. First, the article analyzes the theoretical arguments of the meaning of the violence outside China’s territory and taking the reasonable things of the criminal law and the correlative theories outside China’s territory for example. If the content of violence cannot be clarified in the specific offence that violence is taken as the act mode, it will be greatly difficult to judge the specific crime correctly. For example, they exists many similarities and great difference between the violence in robbery and the violence in the crime of seizure, both in object violence targeted at and the degree of violence. Secord, for accurately understanding and recognizing the violence, the article resolves the violence from the correlative concepts, such as force, injury, assault, coercion and threat. Third, on the basis of defining the violence in criminal law it elaborates the characteristics of the violence including the legal characteristics, the social characteristics, the characteristics of facts and carries on the scientific classifica