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On the theory of behavior — Rationality of the theory of personalistic behavior —

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2016, 4(1), pp.169-188
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

陈 红 星 1

1中国政法大学

Candidate

ABSTRACT

The concept of behavior has the functions of boundary, "basic elements" and connection. The theory of causative behavior discusses criminal behavior in the natural and physical sense. The theory of purposeful behavior defines criminal behavior from the point of view of the purpose of behavior. The theory of social behavior gives a definition of criminal behavior from the standpoint of social meaning. All of these three theories above cannot solve the problems of negligent behavior and omission. However, the theory of personality behavior could not only solve the problems reasonably, but also has advantages in terms of methodology and normativity. Moreover, The theory of personalistic behavior plays a great role in promoting the reconstruction of the system of crime and deepening the research on negligent crimes in China.

Citation status

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