| Summary: | 博士 === 輔仁大學 === 法律學研究所 === 95 === The Study on the Concept of Danger in Criminal Law
The concept of danger is all around the Criminal law. The danger should be the composition of all judged object in Criminal law; therefore the study on the concept of danger is very important. And this is the reason why this thesis writes for.
There are seven chapters in this thesis. The following is to abstract of each chapter:
Chapter 1: Introduction
There are 3 sections in this thesis to discribe about the motivation and purpose, the method and category and the structure and sequential organization.
Chapter 2: The basic question related to the concept of danger in Criminal law
In this chapter, it makes a bird’s-eye view of the study on the dangerous concept in Taiwan and advances the reason of the necessity of the research on the concept of danger. The main discussion is in these sections: “Determine of the meaning of the word related to danger”, “the extent of danger”,” the Existence of danger” and “the Classification of danger”.
Chapter 3: The structure and judgment of danger
The elaborations centre upon “the theory and nature of danger” and “the judgment of danger”.
As to the nature of danger, it is considered as a situation of being judged in this thesis. The discussion of the judgment of danger is composed of “the structure of the judgment of danger”, “the basis of the judgment of danger” and “the datum of the judgment of danger”. But, in fact, the structure of dangerous judgment takes the basis of dangerous judgment and the datum of dangerous judgment as its content.
Chapter 4: The concept of danger related to the Causal relation
In principle, Existence of the causal relation is the essential condition of the penalty. All the crime, besides the abstract Dangerous Offenders, does take the danger as the punishment content, also must check the existence of the causal relation. Thus, the discussion in this chapter lies in “Causal relation and the theory of Imputability”,”the problems of danger in Causal relation” and “the judgment of danger in the theory of the Objective Imputability”.
Chapter 5: The concept of danger related to the Attemped Offense
The discussion about the concept of danger related to the Attempted Offense is mainly divides into “the concept of danger involves Attempted Offense” and “the structure of the danger of the Impossibility Crime” two major parts.
The former mainly discusses about “the Evolution of Attempted Offense”, “the Substantive punishment basis of Attempted Offense” and “the structure of the danger of Attempted Offense”. The latter is a comparative study on the structure of the danger of the Impossibility Crime primarily.
And then, the views of this article will be expounded. The effects of the amendment of the Impossibility Crime will be especially mentioned about.
Chapter 6: The concept of danger related to the Dangerous Offenders
This chapter devide into “the structure of the Concrete Dangerous Offenders” and “the Structure of the Abstract Dangerous Offenders”.
Concerning about the nature of the Concrete Dangerous Offenders, there is a identical view in educational circles. But the discussions about the nature and structure of Abstract Dangerous Offenders still argue without reaching a decision. Even so, the nature and structure of Abstract Dangerous Offenders will be approached further. And at the last, the view of this article will be expounded too.
In this part, this article also advances a brand new theory of Inner Limitation Particulars of the Criminal law which is used to differentiate the nature of the Dangerous Offenders. And according to the realization of the dangerous target, the crime is accomplished or not will be judged too.
Chapter 7: Conclusion
The final chapter is a brief to the article. It is stated according to the order of “the Epistemology”, “the Ontology”, “the Punishment basis theory”, “the Explanation theory” and “the Application theory”. Some suggestions will be put forward in it.
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