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A Study On Criminal Error

Posted on:2007-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:L X LuFull Text:PDF
GTID:2166360185454357Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Error in criminal law comes of"ignorantia juris non excusat, ignorantia facti excusat", a principle of Ancient Rome. Along with the maturation of criminal theoretic and the deep study on error in criminal law, the traditional principle of disposition for error, especially the principle of"ignorantia facti excusat", is distinctly restricted. The original is have a foothold somewhere to our country criminal law fundamental theory and the criminal judicature practice, moreover draw lessons from the foreign criminal law, carry on some rough and shallow inquiry to the theory of error, especially the criminal error. The mistaken problem of fact in the hope adjust in the criminal law posses the person who more penetrates into and the knowledge scientific knowledge, more over science of law colleague's further inquiry to this problem be able to be aroused.Full text is divided into four sections in all, about 38000 words. PartⅠ: Error in the criminal law approximately idem. The part is divided into three sections. The first section is living investigates the definition queen that Sino-foreign as learned man give below the error, three focus to the divergence in the mistaken definition has been underway the discussion ,that error think in the criminal law is action man adjust self to implement willful criminal constituting important document fact either situation that the action which implement to self is not permitted by the statue, to be subjective ness that to understand with objectively actual not unanimously. Secondly, through criminal law main part, target of error, substance of error, and the nature of error four respects are analyses the fundamental feather of error, certainty that in order to strengthen to the error this is attend school without exception. Finally, through the analyses of the sorts of error, the text points that the traditional sorts of error (fact error and criminal error) is recapitulate and logicality.PartⅡ:Fix on the criminal error limit in the criminal law. The part is divided into two sections. Firstly, through contrasting against the Chinese theoretic of the foreign theoretic, the text thinks that the two theoretic of caption and the range is different. Secondly, concluding the exist sorts of the criminal law, the section is living investigates the classes that Sino-foreign as learned man give below the criminal law, focus to the sorts has been underway the discussion .The traditional trichotomy is suitable to our country criminal law fundamental theory and the criminal judicature practice . The second section contrast the fact error of criminal error, think that the fact error is happening in knowledge to fact statue nature, the criminal error is happening in knowledge to statue nature, the former lays special emphasis on the error the cognition on, the latter lays special emphasis on the error which evaluated. The section also evaluates some difficult cases which exist in the judicature practice.PartⅢ: Criminal error handle rule. First of all, deal with the disposition of error in cognition of irregularity. Contrasting the comment on German and Japanese theoretic of handle rule with the Chinese theoretic, the text delivers self opinions. As the cognition of irregularity is important in handling the criminal responsibility in criminal error, the author analyses the content of the cognition of irregularity and the estimation of the cognition of irregularity. Finally, the author construes some special cases in the criminal judicature practice which relates to the inexistence of the cognition of irregularity.PartⅣ:The legislation of criminal error. That section is living to contrast the world every the state nation criminal law to understand on the error legislation pattern base on the fact, uniting our country fundamental the condition of a country and the judicature carries out and proposes, be living in the approaching criminal law revision, the author bring forward some suggestions of legislations of criminal error.
Keywords/Search Tags:error, criminal error, cognition of irregularity, legislation
PDF Full Text Request
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