The Combat Error Of Criminal Law

Combat error, is a very important criminal theory and also often occurs in judicial practice and is difficult issues. The theoretical circle focuses on the study of the combat error in the positioning of criminal law theory. And how to solve this problem, it became the focus of this paper. In general, study the combat error is on the whole system of criminal law background, but the error theory of our country's criminal law is also confused, such as the concept, classification and properties of the "error". Therefore, the author creatively conducts "error" generating mechanism of criminal law theory. The theory thinks "error" generation has three stages. The division of three-stage is useful for facing various error problems, and provides a theoretical platform and a foundation for the in-depth study of the combat error. In addition, after overall study on combat error, this paper compares combat error with other errors in criminal law. On the basis of it, the author defines the errors more accurately and identify. The full text is divided into four parts.Partâ… :Overview of error in Chinese criminal law. In this section, the article firstly defines concepts of error and combat error in criminal law. And then studies classification of error in criminal theoretical circle.on the basis of it, Revealing status quo and plight of the error in Criminal theory.Partâ…¡:Combat error of extraterritorial criminal law and its experience to our country. In this section, the article mainly discusses classification of combat error of the theory of extraterritorial criminal law.From these categories, we can see the error system of extraterritorial criminal law theory is better, which put the combat error into the criminal law system, and it has reference to us.Partâ…¢:The Reconstruction of error system of the criminal law. In this section, the article has two aspects, "error" generating mechanism and the "error" classification set, in order to reconstruct the error of our criminal law system.Partâ…£:The essence of combat error of our Criminal Law and the position of combat error ought to be. This section is the core of the article, mainly in four aspects, namely combat error's characteristics, classification and the position of the combat error and its criminal responsibility.Partâ…¤:Distinguish combat error from other criminal errors. In this section, the article will crack down on errors and other errors, such as object error of criminal law, causality errors, mistakes and other means of methods comparison study, in order to clarify the links and differences among them, which further clarifies the fight against errors.