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The Essence Of Action And Principle Of Punishment In Imaginative Jointer Of Offenses

Posted on:2010-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2166360275960414Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Imaginative jointer of offenses names conception jointer of offenses ,or imaginative combination of offenses. For we have no rules in our nowaday criminal law ,there exists much dispute in our academia. More of the academic productions is aiming at the essence of law and the principle of publishment. However ,both of the two above are determinated by the essence of action. So we should go from the conception of action if we want to comprend the Imaginative jointer of offenses. And then we can know the essence of law and the principle of punishment about Imaginative jointer of offenses. This essay is talking about the conception of action, the standard of measuring action ,the composing of crime and the questiones we mentioned above .At last,we can make sure that the Imaginative jointer of offenses has more than one actions ,more than one offense ,and so we must punish it with all the crimes charged.The full text is divided into seven parts, adding up to 32,000 words; the main contents summary is as follows:Part oneThis part introduces the production about Imaginative jointer of offenses in foreign countries. Our criminal law was influenced by Russia ,germany and japan. And it is reflected in the research of Imaginative jointer of offenses.This part contrasts the theories in the three contries and hope to find out the reason we disputed above .Part twoThis part describes the production about Imaginative jointer of offenses in china. First we talk about the theory about essence of law and then analyse the common part of the theory which is they all agreed that the compsing of a crime is the standard we deem with the number of crime in china and the differences among them.which is the conception of action and it is essence.Part threeThis part talks about the theory of action.We have known that the divarication among the theories ,so in this part we focus on the questiones above.Part fourThis part introduces the features on composing of Imaginative jointer of offenses.One of the feature is that it impinges more than one relationship which is protected by criminal law and another feature is that it includes more than one intention.so from the two features we can conclude that the Imaginative jointer of offenses accords with more than one crimes.Part fiveThis part decribes the principle of prohibition evaluation.First we introduce the conception about the principle and then we conclude that punishing the Imaginative jointer of offenses with all the offenses charged hasn't disobey the principle for as we have talked above the Imaginative jointer of offenses has more than one action .We punish the criminal like this is to balance the crime and action which is the basic principle of criminal law.Part sixThis part we talk about the principle of punishment about Imaginative jointer of offenses. And then analyse the shortages of them.To evaluate all the criminals we should canonize the principle of punish the criminal with all the crimes charged.Part sevenIt is of great meaning to consider the Imaginative jointer of offenses as more than one crime .It is the request of the basic principle of criminal law and only in this way can we distinguish it from other jointer of offenses and it is viable in praxis.
Keywords/Search Tags:Imaginative Jointer of Offenses, Action, Prohibition Evaluation
PDF Full Text Request
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