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Human Perspective View Of Crime

Posted on:2011-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y M XieFull Text:PDF
GTID:2166360305481370Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Human nature is that all modern legal theory, all modern legal system, the legitimacy of the foundation. Human nature, that is, being human, people distinguish the essential characteristics of other animals, on the one hand, people's never-ending need for content has never satisfied sexually; the other hand, were constrained to meet their own needs, ie to meet their own needs ways need to be other people's recognition, support or at least have to be tolerant of others. The supremacy of this need and to meet the non-oriented nature of the conflict led to the emergence of crime and criminal law. It can be seen, crime and punishment is rooted in human nature.What is crime? Crime is the perpetrator of all members of society can not support the accepted way of behavior to meet their own needs, and that this behavior is not entitled to all members of society least tolerated. Needs is determined by human nature, but to meet the needs of people is subject to constraints, and are subject to natural and social material conditions and cultural environment constraints, but also subject to subject to the social and tolerance of others, that meet the needs of the behavior of all members of society to get the support and recognition, at least all members of society must be a minimum of tolerance. For this approach to meet the needs must be bound by other means, including other legal means have been included can not adjust, we must use criminal law to be adjusted in order to maintain social order in the most basic.Crime, the other members of society the most basic of human rights denials and violations, while the penalty is a human being deprived of basic human rights, therefore, crime-oriented criterion becomes particularly necessary, then the crime of the standard to judge what is it? Since crime is a perpetrator of all members of society can not support the accepted way of behavior to meet their own needs, and that this behavior is not entitled to all members of society a minimum of tolerance. Therefore, whether the act of tolerance, of course, only members of the society they are most able to understand, the criterion is to meet the community generally recognized by the people, those who so far not been proven wrong the basic experience, basic logic, basic emotions, is an objective reality The most common understanding of the law and experience, is a theory of human society the most basic requirement is the most basic concept of good and evil, the basic concept of right and wrong and the most basic concept of good and evil as the standard that we act to meet their own needs a way as to meet the "common sense, common sense, common sense."Citizens to determine whether the act constitutes a crime, the way what is it? With "common sense, common sense, common sense," as a standard, in the legislative, judicial, legal education and so on to achieve. In the human field of vision has proposed a "common sense, common sense, common sense," as the criteria to interpret and build the rule of law, establish a statute-based, case law, supplemented by the legal system, improve the criminal legislation; improve the legislative hearings, focusing on procedural safeguards effect; With "common sense, common sense, common sense" standard, vigorously promote vocational education and conscience, a combination of education, people-oriented, people doing their own laws to the people agree with the basic concept of right and wrong, good and evil concepts and values of requirements, so there conscience of the legal person.This paper is divided into five parts, the introductory sentence proposed by the root causes of crime and where and on this basis concept of how the crime problem; first section lays down the traditional concept of crime, and on this basis, the embarrassing situation of sexual bribery conviction obtained concept of traditional crimes that have already failed, is rooted in human nature is not from the point of view to understand and explain the crime, dealing with crime point of view; second part discusses the traditional view of human nature and conduct a review, with emphasis on Professor Chen Zhonglin view of human nature were intro·duced. The third part is the view of Professor Chen Zhonglin human nature based on the perpetrator of the crime is a member of the society as a whole can not support the accepted way of behavior to meet their own needs, and that this behavior is not entitled to a minimum tolerance of all members of society a; fourth part in Professor Chen Zhonglin perspective view of human nature under the concept of crime to be read; fifth part from the legislative, judicial and rule of law education point of view, perfect for citizens to express their rights under "common sense, common sense, common sense," an act against the whether the act should be subject to penalty imposed on the way; finally recalled the main content of the article, to move as soon as possible to sexual bribery conviction.
Keywords/Search Tags:Humanity, crime concept, sexual bribery, to incriminate him, knowledge, way of the world, common sense
PDF Full Text Request
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