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The Subjectivism Of Criminal Law

Posted on:2011-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2166360305950475Subject:Criminal Law
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In the western, the most basic opposition of criminal law school is the criminal classical school and criminal positivist school,and the position of the two are the objectivism and the subjectivism. These two positions which is learning from each other on the basis of particular theory develop into independent ideological schools. The two schools which have existed in the West more than 100 years, always failing to convince each other, has been in a counter-balance, and has an indelible value and significance of the development of the Criminal Code of the West.After the China's Criminal Law Amendment in 1997, there is a general tendency to objectivism in criminal law theorists,while held a negative attitude to the subjectivism. Throughout the history of the development of the subjectivism,. we can find the subjectivism have always played an irreplaceable role in the long course of historical development of criminal law. Therefore, how to remove the prejudice of subjective to hope that absorb the rational kernel of subjectivism in the rule of law. This article is from this perspective, the first part present the historical background and theoretical basis of the subjectivism, the second part define and analyze the main points, the third part compare the pros and cons of the objectivism and the subjectivism, finally introduce the historical origins and contemporary illustration, and through discussing application of individualization of penalty in China to analyze the rational use of the subjectivism in China.
Keywords/Search Tags:the objectivism, the subjectivism, individualization of penalty
PDF Full Text Request
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