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Responsibility And Punishment Suited To The Characteristics Of The Times

Posted on:2011-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:H G WangFull Text:PDF
GTID:2206330332978774Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As the basic principles of modern criminal law , suiting punishment to crime suites to the characteristics of the times. Penal Code are drawn out tailoring to specific times and specific civil society. And sometimes minor offenders sentenced to heavy, and sometimes repeat offenders sentenced to light punishment , it seems contradictory at first , but it is normal and fair. The severity of the penalty is closely linked with the times, and there is no Penal Code suitable for any age of the times.Suiting punishment to crime, from the equilibrium theory of the criminal classical school, to the utilitarianism theory, then to the " compromism" theory of the modern times, reflecting the people's idea of simple fairness and justice. The economic base determines the superstructure, the idea of suiting punishment to crime originated from primitive society to adapt to the same state of revenge and the slave society of equal retaliation, resulting in the bourgeois Enlightenment, the different philosophies in the history , are deeply marked with the times imprint. This text is divided into four parts:Chapter I: Suiting punishment to crime theory of the criminal classical school , summarizes the characteristics of the suiting punishment to crime theory ,against the conviction and punishment beyond penal law of the feudal era .Chapter II: Suiting punishment to crime theory of the criminal modern school , summarizes the the characteristics of the suiting punishment to crime theory , analysising the causes of crime, developing crime prevention policy with natural sciences and empirical method;Chapter III: Suiting punishment to crime of the " compromism" theory, summarizes the criminal doctrine, taking into account the purpose of retributive punishment and the utilitarianism punishment on the 20th century;Chapter IV: Suiting punishment to crime theory in a harmonious society under the criminal policy of"lenient and strict".It aims at making specific recommendations on how to implement the criminal policy of"lenient and strict"and the Suiting punishment to crime theory ,build a harmonious society on China's current specific conditions .
Keywords/Search Tags:suiting punishment to crime, penalty purposes, lenient and strict, harmonious society, characteristics of the times
PDF Full Text Request
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