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The Research On The Reinstating After Criminal Offence

Posted on:2007-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:H Y GanFull Text:PDF
GTID:2166360185493096Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Despite his active penitence in the sun, he cannot receive his deserved forgivingness; despite his effective reinstatement for the victimized legal interests,he has received too much retribution——that is the criminal of reinstating in thepresent legal system. As a special pattern of post-offence, reinstating can narrow the extent of the former criminal harm. Though different from a discontinued criminal, the reinstational is of the same nature as the former in a certain way; thus they should be legally treated the same way when sentenced. While it's a legal phenomenon existing objectively, neither does it get enough attention from the academia of the criminal law, nor from the legal penal systems. In order to make our criminal law more scientific and more humanized, it is a best choice to invent some provisions for the reinstating criminals in the penal code.Criminal of reinstatement is completely a new concept in the theories of the criminal law. On the one hand, it refers to the actions that are actively carried out by some criminals after their criminal offence as to reinstate the victimized legal interests. On the other, it can also be used to refer to the criminals who have actively reinstated the legal interests victimized by them. It is absolutely necessary...
Keywords/Search Tags:Reinstatement after Crimes, Penal Code, Humanity, and Skills of Legislation
PDF Full Text Request
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