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Criminal Irregularity And Social Harmfulness Relations Between The Reasonable Construction

Posted on:2009-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:M WenFull Text:PDF
GTID:2166360245459290Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Criminal irregularity and social harmfulness nature are in our country criminal law theory pair of basic category. The traditional criminal law theory emphasizes the two's unification excessively, but also had the scholar to emphasize the two's opposition excessively in recent years. In fact ,they moved toward two extremes. Correct explanation criminal irregularity and social harmfulness relations, were still the criminal law fundamental research important issues. Taking this into consideration, this article to the criminal irregularity theory and the social harmfulness theory's historical development, the theory present situation carries on combs and evaluates. Proposed that should in carries on the double construction to the social hazardous nature from the social meaning and the legal significance the foundation to come up discussion criminal irregularity and social harmfulness relations. And take this as the basic point, advocates"Double crime review mechanism".Part I: The criminal illegal theory searches analyzes. The article has carried on the comprehensive survey to our country criminal irregularity theory's indirect origin _mainland legal system's illegal theory and in the direct origin _Soviet Russia criminal law's criminal irregularity theory.The article also promulgats the Soviet Russian criminal irregularity theory to discuss inheritance theoretically to mainland legal system illegal and to transform..And analyzed has appraised our country criminal activity illegal theory native place linguistic environment, launched for the thesis has provided the broad historical perspective and the theory upholstery.Part II: The social harmfulness theory searches analyzes. The article inquired into the mainland legal system, the UK-US legal system, the Soviet Russian criminal law the related society harms the category and the idea, have carried on to the social harmfulness by root tracing combing. Elaborated in our country criminal law theory the social harmfulness concept, the characteristic, the judgment and the educational world to the social harmfulness question and the critique. The position carries on the social harmfulness from the social meaning and the legal significance the double construction, in the legal significance social harmfulness must take the social meaning in social harmfulness as the foundation, in the social meaning social harmfulness after passing through the country Legislature's choice, can rise for the legal significance in the social harmfulness.Part III: In our country criminal law theory criminal irregularity and social harmfulness reasonable relations. The article first takes the introduction by the crime concept, has evaluated in our country criminal law theory about both relations present situation. Pointed out that the theorists overemphasize the unification or the opposition two extremes to both relations. And advocated that should regard both's unification of opposites relations dialectically. Has laid the rationale for the Double crime review mechanism 's advocate.Part IV: Double crime review mechanism. The article thought that regarding criminal irregularity and the social harmfulness relations, stressed excessively the two's unification or opposition root, those who lie in our country criminal law theory to adopt is"the crime single-layer examination mechanism". Article position crime tenable"Double crime review mechanism". And thought that in"Double crime review mechanism"criminal irregularity is the crime appraisal primary standard, social harmfulness supplements the standard.
Keywords/Search Tags:criminal irregularity, social harmfulness, Double crime review mechanism
PDF Full Text Request
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