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The Status Of Criminal Law

Posted on:2007-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166360185993094Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
It's only about few years that we introduced the theory of status to the Chinese Mainland researcher of criminal law, so the datum is resourceless. When it comes to the information that taken by the author, the viewpoints introduced by them are extensive and puzzled, without systemic discussion in details. It relates to the ignorance to the status in criminal study, especially to the status of criminal object. The fact is that the criminal object is served to the criminal offender, and is placed in the secondary rank. That results directly that the imbalance enlarged gradually.The article starts with the confine of status of criminal law. At this issue, the author conduct lots of exploration in academic theories and analysis, point out definitely that the legal person is not belongs to criminal status, poles apart the document referred above. In addition, the author doesn't come to heel with the writers who insist to take the condition of objects into the status of criminal law. The author chooses to discuss the essence of status disprove the view above.Under the premise, the article comes to define the traits of status. The author pointed pertinently that there're six traits of status based on the analysis of the criminal ordinance, such as legality, responsibility, extension, pro-existence, duration and personality. And the author emphasizes the personality, extension and pro-existence of status with animadvert on the standpoints of foreign scholars. For example, the author doesn't agree with the point from Germany to fetch in the criminal offender with special aim to Chinese criminal law. And the author points out the worry to take into the criminal offender with special aim.
Keywords/Search Tags:the status of criminal law, the criminal status, nature status, legal status, the status for conviction, the status for penalty
PDF Full Text Request
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