以破坏公物为例,对社会危险行为定罪的理由

K. Salaieva
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引用次数: 0

摘要

文章以破坏公物作为一种消极的社会现象为例,界定了刑事定罪的概念和依据。作者证明,由于立法者对这一问题的忽视,故意破坏的规模和后果有所增加。定罪的主要标准是需要使用它来打击特定类型的行动。这种需要是由于不可能通过非刑事手段预防某些类型的反社会行为。这是为了让立法者在所有情况下毫无例外地避免刑事责任,当它无法达到减少此类犯罪率的目的时。社会危险行为的刑事化问题是现代刑法科学发展起来的,但在某些刑事责任法律的制定和采用中并不总是考虑到这一点,这可能会造成这些法律的不完善和执法实践的不一致。科学已经提出了许多不同的定罪原则,这些原则往往彼此大相径庭。然而,所有这些都可以分为三大类:法律犯罪学、社会经济和社会心理。我们会考虑遵守以破坏公物行为为例的刑事定罪理由,并建议增加加重情节。所列的将破坏公物定为刑事犯罪的理由证实了将其列入危害社会的刑事非法行为清单的可能性。很明显,这些理由的清单有点大,而拟议的研究只列出了那些与破坏行为相对应的理由。此外,将所有这些理由同时或结合起来定为刑事犯罪也没有必要,因为其中任何一个或一些理由都可能是足够的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Grounds of socially dangerous acts criminalisation on the example of vandalism
The article defines the concept and grounds of criminalisation on the example of vandalism as a negative social phenomenon. The author proves that the scale of vandalism and the consequences of its commission increase due to the ignoring of this problem by the legislator.  The main criterion for criminalisation is the need to use it to combat a particular type of action. This need is due to the impossibility of preventing certain types of anti-social behaviour by non-criminal means. This aims at the legislator to refrain from criminal liability in all cases without exception, when it is unable to serve the purpose of reducing the crime rate of the type.  Issues of criminalisation of socially dangerous acts are developed by modern criminal law science, but are not always taken into account in the development and adoption of certain laws on criminal liability, which may create imperfections in these laws and inconsistencies in law enforcement practice. Science has proposed many variants of the principles of criminalisation, which often differ significantly from each other. However, all of them can be grouped into 3 major groups: legal-criminological, socio-economic and socio-psychological. We proton to consider compliance with the grounds for criminalisation on the example of committing acts of vandalism, which we propose to supplement with aggravating circumstances.          The listed grounds for criminalisation of vandalism confirm the possibility to include it in the list of socially dangerous criminally illegal acts. It is clear that the list of these grounds is somewhat larger, and the proposed study lists only those that correspond to vandalism. In addition, it is not necessary for criminalisation to have all of these grounds at the same time and in combination, as any one or some of these grounds may be sufficient.
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