Study On Legitimacy And Legality Of "Exchanging Payment For Penalty"

It is universal to use legitimacy and legality in justifying the correctness of criminal law system. The writer takes this as the coordinate-system of its framework, and applies argumentative approaches to make a study on "exchanging payment for penalty". Besides its foreword, conclusion and postscript, this paper includes four parts. The foreword introduces a study on the legitimacy and legality of "exchanging payment for penalty" based on the heatedly debated a case announced by Guangdong Dongguan Intermediate People's Court. In the first chapter, the writer studies the legitimacy of "exchanging payment for penalty" from four aspects: 1, "exchanging payment for penalty" complies with criminal judicial policy; 2, "exchanging payment for penalty" complies with requirements; 3, "exchanging payment for penalty" complies with requirements of reconstructive jurisdiction concept; 4, "exchanging payment for penalty" complies with value justification standard of law; 5, "exchanging payment for penalty" can make up its inborn defects of law. In the second chapter, the writer studies the legality of "exchanging payment for penalty" from two aspects: 1, legitimate theoretical basis of "exchanging payment for penalty".2, legitimate legal basis of "exchanging payment for penalty". In the third chapter, the building of "exchanging payment for penalty" in criminal law in future. 1, basic meaning of "exchanging payment for penalty".2, applicable scope of "exchanging payment for penalty". 3, restriction of "exchanging payment for penalty" in exchange of punishment and payment. In the fourth chapter, the problems "exchanging payment for penalty" might encounter in the course of localization. 1, hesitation between the needs of localization and real restriction. 2, game between injuring person and victim.3, problem of "social acknowledgement" as to "exchanging payment for penalty". In the conclusion, the writer thinks that any phenomenon can not dissociate with the investigation of Legitimacy and Legality, for "exchanging payment for penalty" the system and proposition, need seeking for its root as well, and its root is Legitimacy and Legality. Total characters of the full context amount to 15268.