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On Problems & Solutions Of The Traditional Theory Of Criminal Causality

Posted on:2008-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q ChenFull Text:PDF
GTID:2166360215463151Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Causality of criminology is very important in the domain on criminology. It is the important composition for the theory of criminal elements. So it becomes the important question for study in criminology.From different angle and on different theoretical basis, experts have deeply studied causality of criminology and have made many opinions. But consensus of opinion doesn't exist. There are many causes. In one hand, causality- of criminology is complicated. In the other hand, angle and method of question for study are different. So it is important and urgent for criminal workers to strengthen research of causality of criminology. The article makes own viewpoint on predecessors' study basis in order to contribute to criminology and legal system.This article is divided into six parts and there are about 35000 characters. The brief introduction is as follows:Partâ… ,foreword .In this part, I introduce the current situation of the research on the criminal causality in the world, the significance of research in our country, the question which should be paid attention to, and then, the thesis is introduced.Partâ…¡,Combing the Chinese theory of causality. I respectively deal with it from three aspects. (â… ) introduces three stages of the studies on the criminal causality in our country,(â…¡)introduces the dispute between"certain causation"and"accidental causation", (â…¢) points out the characteristic of our theory.Partâ…¢,Pointing out the predicament of our theory and analyzing its reasons.Partâ…£,Recommending 5 representative views of criminal causality in our country ,and commenting on their advantages and disadvantages . Consequently, a favorable theoretic base can be set up to built a theoretic doctrine. Partâ…¤,The reconstruction of the"relative causation"theory and the legislation and administration of justice of the criminal law in our country. In this a part, I mainly discusses the reconstruction of the causality theory from three angels: (â… ), why chose"relative causation"to establish the theory of criminal causality; (â…¡), how to reconstruct the theory; (â…¢), what is the way that we can better apply the theory to practicePart VI,conclusion. This part sums up the whole paper and points out the great function question the criminal causality played in China's social life at present.
Keywords/Search Tags:Causality of criminology, "Relativity", Reconstruction
PDF Full Text Request
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