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Criminal Typology Analysis Of Offense Of Nontypical Omission

Posted on:2009-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:D HeFull Text:PDF
GTID:2166360242990242Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Whether in the criminal law theory or practice of administration of justice, offense of nontypical omission is a vexing problem. It is the core issue of the crime of omission. Domestic and foreign scholars have launched a theoretical exploration, focusing on offense of nontypical omission as the causal relations theory, the relationship of offense of nontypical omission and principal of legally prescribed punishment for a specified crime, the equivalent of guilty and offense of nontypical omission as committed as an obligation to carry out such areas. However, it is fresh from the perspective of crime typology analysis. Typology is a very important sociological research method. It has been widely used in architecture, linguistics, philosophy, logic, and other fields. Criminal typology classifies and inspects the phenomena of crime from the point of typology. A useful criminal typology, should include not only rich in the type of each type are easy to identify, for each type there are reasonable theoretical explanation and description, but should include the majority of the crime or criminal acts, it should be the maximum in line with the actual situation of the phenomenon of crime. Criminal typology should be followed the standards of classification principles like systematized, exhausted, uniformity and certainty . Offense of nontypical omission is a committed part of the phenomenon of crime. Therefore, in the analysis and research as guilty and not guilty as the classification and not as a committed internal classification on the basis of criminal use of the typology, is not true does not attempt to classify as a committed, from the real meaning found not guilty pure non-existence and development as the basic law, and different types of crime, explore specific causes of crime, and work out relevant measures more effective crime prevention and control, and the rule of law as a criminal services. At the same time, crime will further promote the study of empirical process, and promote the building of Criminology disciplines, not pure research is not as committed in the theory of criminal law and judicial practice have more in-depth development.
Keywords/Search Tags:typology, criminal typology, crime of omission, offense of nontypical omission
PDF Full Text Request
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