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Studies On "Song Murder Case"

Posted on:2012-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z S ZhaoFull Text:PDF
GTID:2166330335470687Subject:Law
Abstract/Summary:PDF Full Text Request
It is a pity that there is no clear standard specification of the constitution important document about negative crime's achievement duty origins in our country's punishment statute book, but this question actually has many different opinions in the law circle. Our country's professional people in law circle generally thought four sources say is the most scientific, reasonable and the dominant ideology. This article analyses not only the negative crime's achievement duty origins but also the related problems both in theoretical and practical. And the author's viewpoint was expressed at last.This article is divided into three parts. The first part raises some different views through the narration of a classic case in the law circle. The author summaries five controversial questions which associated with the case. The second part is divided into two sections. The first section discusses the origin, the concept and conditions of negative crime. The second section discusses the sources of obligation of negative crime. The author lists the sources of domestic and international obligations related to the doctrine negative crime. Then the author describes "the four sources say" and puts forwards that we should adhere to the "four sources say". The third part is the focus of this article. The author analyze the five controversies and thinks Song should bear the obligation of his wife's aid. At the same time, the author proposes a solution to the controversial questions. We should write the concepts, conditions and sources of obligation into the law. It has a very important social need and the urgency of reality during current situation and it is precise the important task of the legislature and law circle.
Keywords/Search Tags:negative crime, legal act, advance behavior, achievement duty, moral duty
PDF Full Text Request
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