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On Transformed Crime

Posted on:2006-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z C XuFull Text:PDF
GTID:2166360182967999Subject:Law
Abstract/Summary:PDF Full Text Request
The concept of transformation crime are definite articles and clauses on the regulation in both the Criminal Law of 1979 and the Criminal Law of 1997 of our country .Legal circle of our country have generally accepted the name and legislative reality of translation crime and reached common views after wide discussion on the theory of translation crime .however ,as a new criminal form ,its theory study is not mature so far and legal professionals have quite different opinions on the definition and scope of application of translation crime. Due to the lack of a complete and scope of application crime, In addition, exist the defect legislating ,many problems appear on the application of clauses of the crime during the judicial practice .Therefore,working out an accurate and features of translation crime and studying its legislative base and translation principle not only improves the perfection of the criminal theory ,but also have great significance in working out proper punishment in accordance with the crime and realizing the aim of the criminal law .based on the former studies done by others ,the author of the paper ,according to the regulations of the criminal law of our country ,simply analyzes the definition .features ,value and recognition of translation crime .This text is divided into four parts besides preface :Part â…  is about the Basic category of translation crime .first ,by comparing several definitions made by some legal professionals and assessing the strong and weak points respectively ,the author works out his own definition of translation crime .To begin with, The author has carried on the brief argumentation in the composition characteristics of translation crime .finally, The author has defined the nature of translation crime.Part â…¡ Compares translation crime with other criminal forms .in this part ,author compares translation crime with implicated crime ,absorbable crime .consequence crime .Part III is about arguments and analyses of main translation crime of Chinese Criminal Law .in this part ,author have carried on brief evaluation and analysis on four translation crime of Chinese Criminal Law. think that there are places of certain careless omission to legislate, and need to perfection .Part IV The aim and defect of translation crime' set up .in this part, author have brief analys the value and defect of translation crime .think the set of translation crime accord with crime and punishment legal principle and crime and punishment meet principle, can solve knotty problem of judicial practice, there is certain value; But establishment made to transform limit concurrence of offences principle suitable to a certain extent.
Keywords/Search Tags:transformed crime, criminal forms, criminal law principle
PDF Full Text Request
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