Q: What contribution has Maine made to the development of criminology?
A: Maine used historical and comparative methods
Q: What contribution has Maine made to the development of criminology?
A: Maine used historical and comparative methods to study criminal law, and achieved the following results: (1) Maine distinguished crime from illegal behavior (tort). Its standard is that the objects of infringement are different, crime is a crime against the state and society, and infringement is a crime against individuals. Secondly, the two methods are different. Because of crime. Being punished by a specialized agency; For infringement, the victim can file an ordinary civil lawsuit. Therefore, in Maine's view, there was only tort law, no criminology and no modern criminal law in the early days of ancient society. The real criminal law did not appear until 149 BC.
(2) Maine believes that the constitutive elements of crime are: ① the important result behavior involved is the damage to the country and society; (2) It is stipulated by special laws: (3) Intervention or punishment by state power organs.
(3) Maine believes that the history of the original criminal law can be divided into four stages: the stage when crimes are directly punished by the state, the stage when crimes are punished by special interrogation departments, the stage when the Committee is responsible for preventing crimes, and the stage when special interrogation departments and committees become permanent courts.
(4) Maine advocates that it is reasonable and necessary to punish and retaliate against crimes, and even the death penalty is indispensable to society.