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Research On The Exchanged Penalty System

Posted on:2005-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:X F WangFull Text:PDF
GTID:2156360125456187Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Comprehend the exchanged penalty system at all sides,. We must analyze it's concept and character. The first chapter analyzes the concept and character of the exchanged penalty system from the four following aspects . premise qualification, legal condition, judgment condition and ultimate measure.Any system can't transcend living condition and social culture. So the exchanged penalty system is. What is academic base of the exchanged penalty system. What is design motivity of the exchanged penalty system. We expounds those problems from penal essence, penal intention and criminal policy.Any society, indeed different phases, haves different value conception and judge criterion. The third chapter analyzes the value of the exchanged penalty system from justice and benefit. The exchanged penalty system disobey justice and be beneficial to pursue benefit.The exchanged penalty system is equal to exchanged penalty using money. The answer is no. The both is equal from surface,but different from inbeing. The first section expounds their difference. In the second section, The exchanged penalty system is divided into exchanged fine and exchanged freedom penalty. No paied fine is divided into malicely escaped fine and incapably paied fine.They is exchanged for different penalty. Concerning Exchanged freedom penalty,we introduce "two conditions".and the conditions of exchanged freedom penalty.During the course of writing dissertation.we adopt double studing means, demonstrated means and valual means. The demonstrated means comprise historical means and logic means.
Keywords/Search Tags:the exchanged penalty system, exchanged fine, exchanged freedom
PDF Full Text Request
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