Act theory
The act theory (so various Handlungslehre) is the discussion in criminal law studies about the act (Handlung) of the important element constituting a crime concept. Alternatively, the study domain about the act of the philosophy is called an act theory, too.
Table of contents
Significance
Because it is common that the crime in the criminal law is defined as "the act that is existence responsibility to correspond to constitution requirements, and to win illegally" [1], the act is the element that the crime concept is important to both the existing legislation top and the scheme study top.
The act in the criminal law includes a wide sense, a narrow sense, the most narrow sense.
- As a result that, internal movement before leading to wide sense determination, external movement to realize decided intention, it was come true
- As a result that it was come true with external movement to realize intention decided a narrow sense
- Only as for the external movement to realize intention decided the most narrow sense
Kind of the act theory
There are a causal act theory (act theory of the naturalism), an act theory of aiming it, a social act theory, a personal act theory.
Causal act theory (act theory of the naturalism)
A causal act theory includes a physical movement theory, a shifts and changes act theory.
- I construe a physical movement theory act as purely physical physical movement [2].
- That it is the physical status based on the intention by a significant act theory act [3].
Act theory of aiming it
The act theory of aiming it (finale Handlungslehre) is to realize a result foreseen by an act; is done; is conscious•I assume it movement of aiming it. I find structure of the ontology of the act in purposefulness and am "a theory to limit an act to artificiality based on the intention of aiming it" to restrict a legislation and interpretation. German criminalist Hans Welzel insisted and developed by マウラッハ and Armin Kaufman. One of the act theories introduced by Ryuichi Hirano, Yasuharu Hiraba, Taira Fukuda and others in Japan. I remain in a few theory [4] in current Japan.
Significance
To realize the result that aimed at an act beforehand; is conscious•I construe it as movement of aiming it. In the concept for the causal act theory, I assume an act activity of aiming it and am an act theory to fix "purposefulness" in the center of the act concept. I lay intention content in a responsibility theory not an act and criticize (causal act) when I ignore the existence structure of the act [5].
Contents
With the purposefulness of the act theory of aiming it, I choose means to realize an aim (purpose) beforehand and influence chosen means for aim realization•I say that I operate it. I accomplish the intention of the fact considered to be a responsibility element with the essential element of the act, and there is the act theory of aiming it at the point that construes this as the subjective element of constitution requirements, an illegality element subjective as essence of the illegal acts (illegally). [6].
Social act theory
Significance
The social act theory construes the act as the socially meaningful shifts and changes-like human physical status. In other words, the manner of the person varies, but it is an act only after there is social implication and does it with [7]. It is "a change of the outside world by the shifts and changes-like manner" and, according to E Schmidt, says, "it depends on inaction or does not ask whether a change depends on artificiality" and abstracts an element of the intention from an act, and there is the situation that I depend on responsibility for whether an act is a crime.
Contents
A real act is the complex with a subjectivity side and the objectivity side, and let include a subjectivity side of the element of the conventional responsibility in the concept of the act; scienter•Criminal negligence•It has a merit to be able to explain a crime of omission by a unified act. However, on the other hand, the grasp from a subjectivity side of the act became weak. Therefore an opinion that "it cannot be said with the manner as for the current social act theory if it is not the thing which it does not depend on the intention of the person and was able to rule over at least" [8] and does is performed support (including Otani, Maeda, Sone) of.
Personal act theory
Significance
The personal act theory assumes it the physical status to be thought to be the independent realization of the doer personality. It is said that an act is independent realization of the personalities of the doers. It is said that j act by a simple reflection and the absolute compulsion is not an act in the criminal law. That because the oblivion criminal is inaction related to the independent personality manner of the person, it is an act [9].
Contents
A theory to assume an act the outcome of the personality. I inspected the substantial meaning of the act that I was not able to analyze for a social act theory from "a personality". I regard an act as the change (dynamics) of the doer having the biological basics and the social basics. However, it is like meaning many things, and there is criticism that it is not clear so that the word to be independent defines the basics of the fact of crime. In addition, because assume the physical status the element of the act; anti-; the realization of the normative personality manner is inferior to heart (intending, e.g., to spoil A).
Footnote
- For ^ laws and ordinances term meeting for the study (a representative: Osamu Akiyama) "有斐閣法律用語辞典" second edition, 有斐閣, 2,000 years, it is Clause 1155.
- ^ Ryuichi Hirano criminal law general remarks 1 P.109
- ^ Hideo Fujiki criminal law lecture general remarks P.90
- ^ Hiroshi Kawabata criminal law general remarks P.129
- ^ Hiroshi Kawabata criminal law general remarks P.128
- ^ Hiroshi Kawabata criminal law general remarks P.129
- ^ Chihiro Saeki criminal law lecture general remarks P.145
- ^ Haruo Nishihara criminal law general remarks P.75
- ^ Shigemitsu Dando criminal law essentials general remarks (the third edition) P.114
This article is taken from the Japanese Wikipedia Act theory
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