New Views on Characteristics of Harmful Behavior

Lianhe WANG

Abstract


There have been different opinions on the characteristics of harmful behavior among which the common view thinks that harmful behavior has three characteristics: Corporeality; Intentionality; Harmfulness. When judging these views, we need to treat harmful behavior as basic, core, boundary, combination element in the system of constitutive elements of crime. As the basic element, harmful behavior should explain various kinds of crimes. The reasoning and argument should be comprehensive. However, intentionality has excluded actio libera in causa and vergelichkeitsdelikt outside of harmful behavior so it cannot be recognized as characteristic of harmful behavior. As the core element, harmful behavior must reflect the nature and legal characteristics of crime which indicates that harmfulness and illegality must be the characteristics of harmful behavior. As the boundary element, harmful behavior exclude pure mental activities via corporeality out of crime, therefore, corporeality should of course be the characteristic of harmful behavior.

Key words: Harmful Behavior; Corporeality; Intentionality; Harmfulness; Illegality


Keywords


Harmful Behavior; Corporeality; Intentionality; Harmfulness; Illegality



DOI: http://dx.doi.org/10.3968/j.css.1923669720110706.203

Refbacks

  • There are currently no refbacks.



Share us to:   


Reminder

  • How to do online submission to another Journal?
  • If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

1. Register yourself in Journal B as an Author

  • Find the journal you want to submit to in CATEGORIES, click on “VIEW JOURNAL”, “Online Submissions”, “GO TO LOGIN” and “Edit My Profile”. Check “Author” on the “Edit Profile” page, then “Save”.

2. Submission

  • Go to “User Home”, and click on “Author” under the name of Journal B. You may start a New Submission by clicking on “CLICK HERE”.
  • We only use three mailboxes as follows to deal with issues about paper acceptance, payment and submission of electronic versions of our journals to databases: caooc@hotmail.com; css@cscanada.net; css@cscanada.org

 Articles published in Canadian Social Science are licensed under Creative Commons Attribution 4.0 (CC-BY).

 CANADIAN SOCIAL SCIENCE Editorial Office 

Address: 9375 Rue de Roissy Brossard, Québec, J4X 3A1, Canada 
Telephone: 1-514-558 6138 
Website: Http://www.cscanada.net Http://www.cscanada.org 
E-mailcss@cscanada.net, css@cscanada.org

Copyright © Canadian Academy of Oriental and Occidental Culture