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On The Theories Of The Basic Principle Of Criminal Compulsory Measures System

Posted on:2011-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:W WangFull Text:PDF
GTID:2166360305450252Subject:Criminal Procedure Law
Abstract/Summary:PDF Full Text Request
Social phenomenon is the product of main human activities of socialization,It has the artificial nature of heterogeneity, uncertainty, subject-object-related features, etc which We're usually talking about. However, once all social phenomena has formed, it shows the objective quality. Their formation and evolution both have the inherent requirements and relative stability. In accordance with the perspective of social science research, the law itself is a social phenomenon. Like economic phenomena, historical phenomenon, and cultural phenomena, Law is the research object of social science methods. This paper first demonstrates causality behind the rule of law from a social scientific principles. I obtained: "All the legal issues must ultimately boils down to human behavior which the rule of law depends on and the cause and the causal laws of pathogenesis." On this basis, the methodology of system of "logical interpretation of law" has been formed. Next, the under the guidance of "logical interpretation of law" methodology,I sum up universal law of intention to appropriate and adequate causal behind the penal system of compulsory measures.I interpret it and form System Principles. Finally with theory-based,I measures and compares the existing legal system of criminal enforcement measures.
Keywords/Search Tags:principle, nomological explanation, theoretical model
PDF Full Text Request
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