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On The Unification Of The Subject And The Object In Criminal Law

Posted on:2007-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:J WenFull Text:PDF
GTID:2166360185965501Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The connotation of dialectical unification of the subject and the object is extremely rich, which includes the dialectical unification of subjective and objective and the dialectical unification of fact and value. In our criminal law theory, the dialectical unification of subjective and objective is a principle that determines who is guilt; many scholars wrongly confuse it with the unification of the subject and the object. The unification of subjective and objective is a principle in the category of fact, not in the category of value. Therefore, it's essential to study the methods of Value Judgment in the mainland legal system, and, it's also essential to Sublimates our country's principle of the unification of subjective and objective to the unification of the subject and the object.The dialectical unification of the subject and the object is one kind of Philosophy idea, which instructs the construction of criminal law theory and the criminal legislature and judicature practice. While choosing the standpoint of criminal legislation, the unification of the subject and the object suggests that we should choose the relatively objectivism standpoint. The "relative" objectivism standpoint refers not to the fixed invariable objectivism standpoint, but the objectivism standpoint which changes along with the objective reality and changes through science criminal policy guidance; while formulating the criminal law, the unification of the subject and the object tells us that the criminal law is the unification of crime facts and the legislator subjective will, therefore, the pure subjective will's factors should be limited through all kinds of indirect or direct object factors, most basically, should be limited through the right procedure; and we also should pay more attention to the reasonability and the validity of the pure fact factors.Each criminal law theory, for example, the Objectivism Criminal Law, the subjectivism criminal law, the Combination Criminal Law, has merits and defects. The personality criminal law is theoretically consummate. However, owing to the low level of the science and technology and the limited understanding on human being, the Combination Criminal Law becomes our realistically choice. The Combination Criminal Laws present the condition of hot and cold in the legislation standpoint as a result of...
Keywords/Search Tags:the Unification of the Subject and the Object, the Unification of Subjective and Objective, the Objectivism Criminal Law, the Subjectivism Criminal law, Ontology, Theory on Value
PDF Full Text Request
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