论刑法中暴力的学理类型

On Types of Violence in Criminal Law from Theories of Law

刑法中的暴力依不同的分类标准可将其划分为不同的学理类型。依其是否由刑法明文规定来划分,可分为刑法中明文规定的暴力和刑法中无明文规定的暴力;依其在犯罪构成中的地位及作用来划分,可分为作为犯罪构成要件的暴力和非作为犯罪构成要件的暴力;依其表现形式来划分,可分为武力形式的暴力和强制力形式的暴力;依其行为对象来划分,可分为直接暴力和间接暴力;依其作用程度和范围来划分,可分为广义的暴力、狭义的暴力和最狭义的暴力;依其所造成的危害后果的严重程度来划分,可分为轻微暴力、一般暴力和严重暴力。

Violence of crime law can be divided into different types by different standards. By the standard whether be explicitly defined in criminal law or not, violence can be divided into violence defined in criminal law and violence undefined in criminal law. By the standard which role that violence plays in the constitution of crime, violence can be divided into violence acting as the prerequisite of the constitution of crime and violence not acting as the prerequisite of the constitution of crime. By the difference of its form, violence can be divided into one in form of violent force and the other in form of compelling force. By the difference of its targets, violence can be divided into direct violence and indirect violence. By the extent and range of its function, violence can be divided into violence in a wide sense, violence in a narrow sense and violence in the most narrow sense. By the serious extent of the dangerous result caused by violence, violence can be divided into slight violence, normal violence and serious violence.