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The Amendment Of The Criminal Code Of The Russia Union And The Enlightenment To Our Criminal Legisation

Posted on:2006-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhaoFull Text:PDF
GTID:2166360155954197Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
After the codification in 1996, the criminal law of Russia has undersubtle enlargement and polishing with the changing in the economicsystem, the changing in the human ideology and value orientation,which push the code from a complex situation into highly efficacy.Judging from this circumstance, this thesis relates some generalarguments about the amendments from various perspectives.There are four chapters in this thesis. The first chapter concernsthe meaning of the amendments of the criminal law. Firstly, the authorconducts some research on the criminal law theory and related model,so as to draw some experiences from the foreign experiment, which hasspecial meaning for the advancement of our own legal practice andtheory. Secondly, both China and Russia have formed their own legalsystems during the long history. Thirdly, the concerning research canshow us some hints under the circumstance of the advancing of time.Finally, the criminal law research in Russia got lots of valuableexperiences from the Anglo-Saxon law system, which can give us somegood enlightenment.The second chapter is about the general introduction of theamendments of the Russia Criminal Code. The first section of whichanalyzes the reason why Russia wanted to amend her criminal code.Firstly is the competition between the legislature and the judicial part;secondly, the lacking for an objective analysis when it was codified.Thirdly, there is no comprehensive learning about the social and 1economic situation. Fourthly, there is no enough estimation about theeconomic development and world situation, etc. Aside from those mainreasons, there are other logic and linguistic problems in that academiccircle. The second section can be seen as the latitude comparison,which includes the following question. Firstly, there are three ways toembody the systematic changing. Secondly focus on the transformationof the substantial value. Thirdly, we should pay more attention to theaugments in the items and clauses. Fourthly is about the deletion of theitems and clauses. And there are some other important points worthyour time and energy to do research. And in this part, the authormentions a lot about the role played by the Russia Congress.In the third chapter, the author summarizes the characters of theamendments of the Russia Criminal Code as the following: firstly, thesatisfaction of the amendments of the code for economic developmentand social ideology. The nature of the development of Russia calls forthe corresponding development in the criminal law system. Finally, theall previous amendments and augments amply the attentions paid bythe legislature and consolidate the merging between foreign experienceand advanced theory. We can learn some characters from thearguments mentioned above, such as the strengthening theinternational cooperation and other principles. Thirdly, we shouldenhance the accuracy of the legislature technique. In order to adopt themodern customs, the Russia Legislature polishes the words in the coldcontinually, so that it can make the law more accurate and explicit. Atthe same time, the author holds that we need polish our criminal policyand the marriage between the legal practice and legal research.
Keywords/Search Tags:Enlightenment
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