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See The Danger Does Not Save The Perpetrators Of Acts Of Irrationality Analysis

Posted on:2011-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:X B HeFull Text:PDF
GTID:2166360305481485Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, see the danger does not put out causing serious injury has occurred frequently, people see the danger does not save in the moral condemnation also feel a deep moral constraints on the powerlessness of such acts, so that people turned to actively seekother measures to regulate this behavior.Taking into account see the danger does not act to save lives and health of members of society often leads to severe damage, with great harm to society and should be subject to punitive penalties, therefore, will see the danger does not save the perpetrators of acts of a lot of people has become the focus of attention,People will have look into this area,Proponents see the danger is not an attempt to save behavior harmful to society, the relationship between law and morality as well as abroad, see the danger does not save the relevant legislation, and even the creation of many new theories to prove this act of crime in our country of the legitimacy and necessity of.However, I believe see the danger does not save the offense of criminal law should also not be hastily rose to norms, reasons include:First, see the danger does not save the offense of violation of the "law is the moral minimum," the principle of legal confusion, especially criminal law and moral boundaries, the performance of legal moralism. Secondly, see the danger does not save the Criminalization and China's current non-criminal, as well as damaging as the causal theory, there are still conflicts.Third, see the danger does not act to save up for the criminal law not in conformity with norms of criminal law, "Modesty of principle. Fourth, we see the danger of crime do not put out the reality of the lack of operability. In this paper, see the danger of the criminalization of the analysis does not save the draw at this stage of China's rise should not be an act of criminal law norms conclusions.This paper is divided into four major sections:The first part is an overview see the danger does not save. In this section highlights discussed in this article see the danger does not save the concept, as well as foreign on the legislation see the danger does not save the cases, as China's ancient and modern countries in the world do not see the danger of rescue of the law there is a macro understanding of; The second part mainly see the danger does not act to save the social harm of the requirements of the principle of legality, law and morality in foreign relations and other aspects of the enactment of legislation introduced in favor of the current Chinese scholars see the danger does not save the perpetrators of acts of the proposed theory;Discusses some of the major third will see the danger does not save the perpetrators of acts of the plight faced by the theory, respectively, from a legal and moral relations, damaging the relationship between cause and effect, and the feasibility of the criminal law aspects of Modesty see the danger does not save the crime of proposed challenged, come to our country will not see the danger does not save the criminalization of conclusions;Part IV will see the danger and further rejected the criminalization of the theory are not saved, and pointed out the solution-other than the Criminal Code of governance, namely through the civil law, administrative regulations and other normative documents, as well as guiding public opinion see the danger of acts do not save the a positive regulation, while clearly related to civil law through the application of rules, as well as courageous operation of the fund, from the negative to be regulated.
Keywords/Search Tags:Danger do not save, courageous, reasonable analysis
PDF Full Text Request
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