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Society-dangerous As Nature Trait Of Crime-Talk Of Society-dangerous Under Globalizing Circumstance And With Society-transition Underground

Posted on:2005-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:T JiangFull Text:PDF
GTID:2156360122485270Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Tradition society-danger theory deriving from class and government theory.Under tradition society-danger theory , the reason why some conducts are offence isthese conducts are dangerous to society. Though all illegal conducts are dangerous tosociety, offence can be distinguished from illegal conduct because offence are seriouslydangerous to society. Seriousness of society-dangerous conduct are changing because ofsociety changing and deferent surrounding . Personality-danger is thought besociety-dangerous as well as harming facts of offence . Society-danger theory acts acrucial role in traditional criminal law theory system. Because of globalizing and society transition , tradition society-danger theory arebeing challenged. First, What society-danger is determined by the ruling- class IVaccording to need of class benefit are thought to not be proper. Second, china is in theprocess of industrializing and informationlizing. Range of Society-dangerous conductsshould changing too. Theory should counter to trendy of enlarging ranger ofoffence . The topic of international criminal punishment power bring about challengeagainst sovereign principle of society-danger theory. To solve above-mentioned problems, scholars put up with some theories suchas produce- force of socialist country standard theory ,prevailing culture theory ,globalsociety-danger theory . All these theories have fault in some degree . Criminal punishment is a double-edge sword to society. Government must belimited in determining society-dangerous conduct in case of abusing criminalpunishment power, for conduct being society-dangerous is a reason of being offence incriminal statutes. In the history of human-beings criminal punishment had been alwaysabused in results of improper society-danger cognition. TO be free is a dream ofhuman-being and human-being are becoming more and more free. Freedom is a utmostaim of human-being history, so freedom should be utmost value of society-dangercognition. Only conduct against freedom should be thought society-danger. The base of society-danger global principle is setting-up of global government, butin this time, global government means un multi-culture. So society-danger sovereignprinciple should be keep on.
Keywords/Search Tags:Society-transition
PDF Full Text Request
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