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Research On Criminal Policy Of France

Posted on:2009-03-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:L ZhuFull Text:PDF
GTID:1116360272484075Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
China is being through the crucial era of reformation for criminal judicature. And a proper orientation of the criminal policy has great importance for that reformation. After reflection of the criminal policy on rigorous crime punishment, the administration promoted "Criminal Policy of Combining Punishment with Leniency" recently. Then, how to implement the new criminal policy become one of the major problem needed to be solved by Chinese political and legal workers. And researches on theories and practices of foreign criminal policy will provide greatly helpful reference on that of Chinese criminal policy.Academicians of China prefer to bring forward Ansel's new society defense movement when discussing criminal policy of France. The new society defense movement always pursues humanitarianism, scientism and fights to reduce crime. That movement help modern law ruled society to get rid of those old responses to crime, such as pure retaliation and passive punishment. That movement is popular in Europe after the World War II, and it deeply impacts criminal policy and innovation in criminal law of France and many countries around the world. Although the new society defense movement has great influence, modern criminal policy of France had walked out range of the movement and shown visage. This visage is the result of long-time evolvement of all kinds of social factors, the evolvement shows complicated interrelation between those powers controlling the society.Any research needs to clear the fundamental concept of its subject. So we firstly describe fundamental concept of the criminal policy by concluding all kinds of concept of criminal policy in France, by discussing factors which affect the criminal policy in different extent, by study revelling relationship between criminal policy and criminal law, and by showing development of the Criminal Policies. The theory and practice affect each other all the time. Theories of many criminal law factions lay certain influence on the practice of criminal policy. In this paper, we analyze the primary criminal law factions which impacted criminal policy of France.As the criminal policy always represents authorities controlling the society and relies on the authorities to implement, analyzing of the criminal policy can not be departed from discussing of the authority system. In the following chapters, we start with historical development, discussing the authority system in establishment and exercise of the criminal policy.In this paper, specific content of the criminal policy of France is presented from historical facts to contemporary pattern. At last, we introduce the penalty system which is kernel of the law expression for the criminal policy, and we introduce the basic principle in directing execution of penalty, "Penalty Individualism".
Keywords/Search Tags:criminal policy, security policy, crime prevention policy, penalty, authority
PDF Full Text Request
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