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Research On Act To Execute A Crime

Posted on:2011-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:H H ZhangFull Text:PDF
GTID:2166360308982712Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The birth of the implementation to proceed from concept to the theory of the formation of capitalism and criminal law embodies the negation of feudalism and the Penal Code, marks the establishment of an objective view of criminal law doctrine. The identification of the set is not only the fight against crime needs, but also protection of human rights requirements. Proceed with the implementation of the Preparatory acts and acts of boundaries Ridge, is an important basis for committing attempted punishment. Thus, on the introduction of the study to proceed study and understanding of criminal law should be our people's basic skills. This will follow from the general to the individual research into this issue as a way to explore.In the chapter structure, this paper will be divided into introduction, theoretical overview, standards, principles and methods, special studies and conclusions of the crime of state, and several other part of the start formulation, the main contents of each chapter are summarized as follows:Introduction:In this section, recalling the start the concept of the historical and legislative process, and explains the theory of the legislative and judicial proceed with the promotion and importance.Chapter I::States to pursue the theory outlined. Civil law were set out, common law, as well as China's mainland and Hong Kong, Macao and Taiwan region theory. Proceed with the first part of the implementation of Theory of Civil Law. In this chapter, to proceed with the development of theory in civil law in accordance with the order appeared briefly assessment. In the good rational speculative civil law, after the implementation of set theory, an objective that the subjective theory as well as the progressive change of the compromise said, and derived a number of branches of factions. Each theory of the emergence and disappearance, without exception, reflect the development and progress of the footprint of the Penal Code; second part of the Anglo-American law system Theory of the implementation to proceed. In the emphasis on practical Anglo-American legal system, from the practice of jurisprudence has come up with conclusive evidence of the means read that the behavior close to that, the real steps that, as well as the possibility of the suspension, said a variety of judging criteria, which are subject to judicial practice to test and continuously revised; the third part of our country, set theory and judicial practice, said estimate. In this chapter, analysis of China's criminal law scholars have started the implementation of the current theories on the issue of differences in the form of an objective that benefits law, as well as subjective and objective unity against that co-existence and the dispute that prompted us to conduct in-depth reflection on the issue to proceed.Chapterâ…¡:In the induction to proceed based on the concept put forward a standard set of crime identified, summed up determined to proceed to consider several principles, namely, to comply with criminal policy, adhere to the objective and subjective unity and contact the specific counts three principles. And accordingly proceed to the issue of judicial practice and put forward to identify the specific method. Difficult cases for the practice of the Department, broken, involving things fuzzy issue, Modesty sexual selection.Chapterâ…¢:the implementation of several special patterns of crime started studying. In this chapter, for the common judicial practice, the complex patterns of crime to make a choice to study. Mainly related to the free exercise of reason, indirect perpetrator, not as guilty, guilty of four types of segregation.Conclusions:In this chapter will certainly initiate the study on the implementation of systematic, long-term that should be in close contact in the study era, attention to national conditions, and follow from the general to the individual, and from the individual to the general research into the road, persist in theoretical and practical unity.
Keywords/Search Tags:Crime proceed, Criminal attempt, Preparation for a crime, Ambiguity, Sexual modesty
PDF Full Text Request
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