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Analysis Of Some Problems On Potential Damage Offence

Posted on:2011-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:X L WangFull Text:PDF
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Science is a sword with two blades in a modern society. Using the technical strength crime to the social public security,the public peace and order threat will be more serious. In view of these behaviors,legislator,for a better local constable protects legal interests,punishes some not yet to create the harm result the behavior, but these behaviors are only have cause the harm the possibility, therefore potential damage offence the concept characteristic,potential damage offence recognizing,the value analysis and the morphological analysis are very important.First,the first chapter mainly wrote has violated the concept about potential damage offence. The first section introduced that violates under the institute by the mainland legal system overseas law primarily to the danger the definition to violate the usual definition with our country to the potential damage offence. Compared with mainland legal system criminal law theory and our country criminal law theory (not including Taiwan area) the potential damage offence the concept,our country criminal law logically coherent argument to its definition is: The behavior which implements by the author creates,has some kind of harm result critical condition for the accomplished offense symbol crime,it has its reasonable place,also has the concept flaw. The second section the main dissertation must violate the concept and the danger take the mainland legal system potential damage offence theory in danger violates the theory the status which locates in the potential damage offence theory whole as the reference,in violates to our country potential damage offence.Then,the second chapter of main elaboration potential damage offence the value analysis,first introduced that in the mainland legal system theory violates the value about potential damage offence the understanding and the evaluation. The second section introduced that our country potential damage offence theory violates the value. The third section the dissertation potential damage offence value.Then the third part of elaboration recognizes the potential damage offence analysis ,the first section is violates"dangerous state"about the potential damage offence question; The second section is violates about potential damage offence with related category relations recognizing with the comparison elaboration.Finally,the fourth chapter is the morphological analysis elaboration which violates about the potential damage offence,violates the critical condition and the stop shape regarding the potential damage offence recognized that and so on questions also have the great dispute. Therefore,to the critical condition which and the stop shape violates with the danger recognized that the related question carries on a thorough ponder in the research,without doubt has a more important theory and the practice significance. For instance"dangerous state"concept as well as judgment point in time and standard and so on. Does the dangerous commit have the accomplished offense and the attempted discrimination,after the critical condition appears,whether also to have the possibility to have the condition which the crime stops,has the great dispute in our country's criminal law's theorists.In the present age,based on to threatens the public life and the danger to health prevention need,our country should strengthen the research which theoretically in the criminal law violates to the potential damage offence,promotes the potential damage offence theory in our country criminal law theory status.
Keywords/Search Tags:potential damage offence, dangerous State, the consequential offence, the actual damage offense, consummated crime
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