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The Trinity Structure Of Criminal Disciplines

Posted on:2005-03-24Degree:DoctorType:Dissertation
Country:ChinaCandidate:W J GaoFull Text:PDF
GTID:1116360182997896Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This research is about the methodology of criminal disciplines, involving philosophical dialectical ideas, such as the Interaction Theory, the Information Theory, the System Theory and the Structure Theory. As well, many related basic theories among criminology, criminal law science, criminal policy, victimology and so on, are commented through the research.In the introduction, considering on the common ideas in the circles and the needs to theoretical development, some fundamental concepts are re-defined: criminal facts is not equal to crime, criminal counter-measures is not equal to penalty. Instead, crime and penalty are included. Then the key clue, the main contents as well as the value of the research are briefly stated.In the first part, basing on the knowledge and ideas from the outcome and development of victimology with the re-consideration of the"crime-center-ism", the research is led to the fundamental theory of the whole criminal disciplines. Then through logical deducing, the idea of Trinity Structure of Criminal Disciplines is proposed.In the second part, the Trinity Structure is systematically illustrated as horizontal trinity, which is criminal-victim-environment; also, the Structure consists of three spheres, that are the disciplines on criminal facts, the disciplines on criminal counter-measures and the disciplines on criminal philosophy. Then the relationship between the Structure and the"Theory of Integrated Criminal Science"are analyzed, so as to locate the idea of Trinity Structure. Another problem comes, that is the infrastructure of the whole criminal related disciplines.In the third part, the author used more than half amount of the paper to practice the methodology of Trinity Structure among the spheres of the disciplines on criminal facts, as well as the disciplines on criminal counter-measures, so as to show and prove the value of the theory. In the course, some new view-points or explanations about the related theories are involved, such as the Criminal Field Theory, the Two-stage Criminal Origin Theory, the Bilateral View of the Victim's Consent, the Victim's Fault Theory, the Social Indirect Harm Responsibility as the theoretical foundation of national victim compensation, the Criminal Environment's Responsibility Theory, and so on.
Keywords/Search Tags:Criminal Disciplines, Trinity Structure, Philosophical methodology, Criminal Facts, Criminal Counter-measures
PDF Full Text Request
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