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On The Concept Of Criminal Law's Definiteness And Ways To Carry It Out

Posted on:2010-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:C LuFull Text:PDF
GTID:2166360278972862Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
There is enduring tension between the inherent uncertainty of language and the requirement for Criminal Law's Definiteness. The most promising solution is to reconstruct the concept of Criminal Law's Definiteness in order to relieve it, which means that the concept of Criminal Law's Certainty has to substitute for Criminal Law's Definiteness. It is trashy to argue about language's certainty or uncertainty without the background, context or our targets. We have to believe in the definiteness of criminal law's integrity with the belief of legal principle.Three is no essence of language, and the certainty lies on practice. Therefor, Criminal Law's Definiteness is an issue of interpretation pro se. In order to carry the requirement out, building up the scientific concept of criminal law's interpretation, which are comprehending interpretation both in practice and theory dimension, interpretation demanding stride over thresholds of public opinions and narrative consistency, implementing the legal principles and interests. In China, constituting logical case-directing system is necessary.Meanwhile, Criminal Law's Definiteness is an issue of criminal procedure. There are probably no significance in criminal procedure to the articles which are definite in semantics, and there are articles which are unclear in semantics yet definite in criminal procedure. The former do not accord with the requirement of Criminal Law's Definiteness, while the latter do. Articles of crimes of organizing gangdom, holding a huge amount of property with unidentified sources etc are clear in criminal procedure, and besides articles of official crimes etc are not. We can amend the Chinese Criminal Code to solve it.
Keywords/Search Tags:Criminal Law's Definiteness, Criminal Law's Certainty, criminal interpretation, criminal procedure
PDF Full Text Request
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