Research on the Difference of Concepts of Crime between Criminology and Criminal Law
Zhang Yuan-huang
Abstract
Zhang Yuan-huang
Abstract
People used to begin with the concept of crime in criminal law logically when they investigate crime.In fact,there is also a concept of crime in criminology apart from the prevailing concept of crime in criminal law.It is necessary to understand the essence of the relation and difference between two types of concept of crime correctly,and then we can avoid misunderstandings and forming the scientific concept of crime.Although the two types of concept linked each other,the distinction is fundamental,that is,the essential character of the crime-social harm is understood from their own position.Compared with the concept of crime in criminal law,concept of crime in criminology only complies with the objective risks of behavior endangering society.It is not constrained by the criminal illegal elements,and does not correspond to the penal punishment.
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People used to begin with the concept of crime in criminal law logically when they investigate crime.In fact,there is also a concept of crime in criminology apart from the prevailing concept of crime in criminal law.It is necessary to understand the essence of the relation and difference between two types of concept of crime correctly,and then we can avoid misunderstandings and forming the scientific concept of crime.Although the two types of concept linked each other,the distinction is fundamental,that is,the essential character of the crime-social harm is understood from their own position.Compared with the concept of crime in criminal law,concept of crime in criminology only complies with the objective risks of behavior endangering society.It is not constrained by the criminal illegal elements,and does not correspond to the penal punishment.
Key concepts: Criminology, Punishment (psychology), Criminal law, Harm, Relation (database), Cultural criminology, Law, Political science