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Legal Methods In The Public Security Organ For Investigation In The Case Of Cult Class

Posted on:2011-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:J W LiangFull Text:PDF
GTID:2206330332979867Subject:Law
Abstract/Summary:PDF Full Text Request
In legal boundary, the cases about evil cult arose later than other cases. Dealing cases about evil cult is more difficult for its own characters, such as the limited sources of law, the difficulty in identification, the fuzzy boundary of crime and non-crime and the frequent concurrence between other cases. However, the police can not refuse such cases for neither their legal duty nor political function. The police thinking is one kind of thinking of lawyer because they have the same essence. At the same time, because of the practicality of legal methodology, the use of the legal methods and the concrete skills and the art appears possible and essential when handling a case about evil cult. The process of dealing cases with legal thinking can be clearly proved in the barber case, so that the use of the system of legal methodology which contains legal thinking, discovery of law, interests scaling and legal interpretation, especially the extensive interpretation, sociological interpretation and teleological interpretation can be further explained.As a consequentialist argument, the use of legal methods in dealing cases about evil cult must be restricted and follow some principles such as "a legally prescribed punishment for a specified crime", "the supremacy of procedural law", "believing in the law" and "the concrete problem need a concrete analysis", and so on.
Keywords/Search Tags:Legal Methods, the Police, the Cases about Evil Cult
PDF Full Text Request
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