无被害人犯罪探微

无被害人犯罪,由于其具有不易被人发现、当事人不具有被害人意识,甚至像安乐死以及聚众淫乱罪等这样的犯罪由于是双方协议自愿的,很容易让当事人钻了法律漏洞。其影响之大,参与的行为人之多,极易激发其他犯罪的发生。从理论、实务多角度分析无被害人犯罪的罪与非罪的界定,并拓展对非犯罪化问题的研究,对我国刑事立法和司法无疑有着借鉴和启发的意义。

On Victimless Crime

Victimless crime has become a phenomenon of crime in our country intensified, but because it has been difficult to find, the parties do not have the victim consciousness, even as euthanasia, mob adultery, etc. These crimes are due to a voluntary agreement, so it is easy to make the parties drill legal loopholes, making this crime has become a common phenomenon, the big impact of the behavior of many people involved, easy to stimulate other crimes such problems can not be ignored. In this paper, our current existence of gambling, inciting debauchery, euthanasia, drug abuse and other phenomena were analyzed by the crime and conviction. And from the theoretical, practical multi-angle analysis to define crime or victimless crime, concluded at the same time, expanding the study of non-criminal issues, hoping to have our criminal justice legislation and positive reference and inspiration.