Font Size: a A A

Decrees Behavioral Research

Posted on:2012-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:J L ZhangFull Text:PDF
GTID:2166330338959118Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In real life, there exists a undoubtedly act objectively genuinely meet specific crime elements, but for specific policy considerations, interests balance, etc reasons, which have special provisions in laws or its have superior effective command as the basis, make its behavior is not in essence, which forms the illegality of case. Legitimated behaviorFrom each country can be seen in the judicial practice, countries with criminal behavior for form and has virtually no elements with the illegality, prescribed actions legitimators, its composition is very specific clear requirements of legitimated behavior is also strictly, it reflects the modern society that for legitimation behavior the cautious. As the legitimate rights and interests of the criminal law protection, it has the last final indemnificatory, most handles official bussiness already wait for a characteristic, once the justice and law enforcement personnel that has charged in the mistake even wrongfully accused the loss caused by, to the parties is great, and even irreparable. However, our country for legitimation behavior in criminal law stipulates that the only embodied in the justifiable defence and emergency two kinds, and our country criminal law theory, for legitimation behavior understanding, this is also for law behavior a few a few words with real life, this constitutes a decree to the existence of a large number of actions and eliminate the illegality of the behavior of the truth correctly.This article from several aspects the behavior of law is systematically discussed. About 30,000 words full, except preface and epilogue outside, divided into four most: The first most, decrees behavior outlined. This part of the decree of the definition, features and behavior the relationship with legitimation behavior are discussed in this paper. This paper argues that, decrees behavior refers to direct according to the statute law, regulations or according to ranking effective command and exercise rights or obligations or implement the behavior, its main have legitimation basis specific, behavior subject specific and can eliminate the illegality of the behavior characteristics.The second part, in accordance with the law's behavior. In this section mainly discusses various concrete in accordance with legal behavior duress. In accordance with legal behavior includes NiuSong behavior, guardianship behavior, stricken behavior and post the undertaker four violations in specific behavior. NiuSong behavior refers to the right level of citizens with compulsory means, will have the criminal suspect legal circumstances to the public security organs, people's procuratorates and people's courts deal with behavior; To refer to the proccedings without civil action competence and the limited capacity for civil conduct of the person, property and other lawful civil rights, supervision and protection works; Stricken behavior refers to the minor children parents or other close relatives in the guardian, for minors under specific conditions of the body damage or deprived of his freedom of action; Position the undertaker means violations of legal position undertaker in carrying out their duties according to law, in the process of using compulsory means or measures to objectively to infringe upon the legal rights, but expressly had the behavior of legitimacy.The third most, perform commands behavior. In this section discusses mainly the nature of the action of executive orders, its orders attributes, ordered the scope and execute the command source of legitimation standard behavior viewpoint and executive order behavior seven legitimation conditions four aspects. As executive orders the command, the basis of behavior should be legal or at least the offender not knowingly its illegal; And to execute the command of the scope of command source behavior, should be limited as having subordinate relationship of superior state functionaries; Also, for carrying out orders behavior justification elements, should include command attribute legal or at least the illegal act not knowingly, release and the subject of executive order the scope of legal, command source should comply with specific and orders issued forms and procedures, implementation process legitimate, junior executive behavior of legality, junior executive objectively the legality, execute actions objectively the purpose and means of seven condition, the corresponding execute orders behavior simultaneously satisfy this several conditions, it can eliminate the illegality of the behavior.The fourth most, decrees behavior and its processing irrtumslehre. In this section discusses mainly the laws of nature and behavior irrtumslehre the cognizance of irrtumslehre decree behavior and its consequences. Among them, for the nature of law behavior irrtumslehre should adopt the strict liability said to understand; In addition, the ordinance of the irrtumslehre behavior, should with general situation of normal person, and if this judgment as standard errors are inevitable, where you don't act of criminal responsibility should be investigated; But if the judgment standard with general normal, think this error is entirely avoidable, then, right now is intentional crime shall be formed.
Keywords/Search Tags:decrees behavior, legitimation, in accordance with the laws of the behavior, perform commands behavior
PDF Full Text Request
Related items