The Basis of Criminalization:an Examination from a Comparative Law Perspective
After a long period of development,the German and Japan criminal laws,and the UK and US criminal laws have re-spectively formed their own theories of criminalization.As the core content of the theory of criminalization in German and Japan crimi-nal law,the theory of infringement of legal interests and the principle of proportionality together guide the criminalization in the legisla-tion of German and Japan.The criminalization of criminal law in the UK and the US is represented by Feinberg·s theory,which in-cludes the principles of harm,offense,legal paternalism,and legal morality.The theory and practice based on the basis of extraterrito-rial criminalization have many inspirations for the criminalization in China·s legislation.Firstly,behavior is the basis for establishing a crime.Secondly,the core element in evaluating whether a behavior should be criminalized is interest.Once again,criminalization must take into account the influence of traditional culture,criminal policies,and the international environment.Finally,an overall a-nalysis should be conducted based on auxiliary principles such as the necessity,feasibility,and effectiveness of criminalization.
criminal legislationcriminalizationtheory of legal interest infringementhazard principle
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