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Criminal Target Re-examines

Posted on:2006-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2166360155963559Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Contents and properties of the notion of criminal target and its status in the system of criminal law have not been defined properly.It was explained incidentally when it came to the notion of criminal object.With the conclusion of experiences of legal practice and penetration of theoretic researching,there has been a heated discussion about criminal target. Some people think that criminal target is the material assumer of criminal object and materialize the rights and interests in criminal law.There should be criminal target in any crime.In order to perfect the system of criminal theory,this article brings forward that criminal target is completely deferent notion with the material assumer,criminal target does not necessarily materialize the rights and interests in criminal law,and criminal target should be subordinate of criminal objective branch.This article claims that the function of criminal target is not the materialization the rights and interests of in criminal law but discription of criminal behaviors.In practice,the conviction is decided by the properties of criminal object,and criminal target usually meets with the needs of the decision of the term.
Keywords/Search Tags:criminal target, behavioral target, material assumer of criminal object, the rights and interests in criminal law
PDF Full Text Request
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