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On Looking Forward To The Possibility Theory And Its Application In Reference To China

Posted on:2004-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:S L QiaoFull Text:PDF
GTID:2206360095450135Subject:Criminal Law
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The essay, about forty thousand words, is divided into four chapters except introduction.The first chapter: The expected possibility of the theory of normative responsibility in civil law system.The chapter is divided into four sections, it explain the concept , the prerequisite of the birth and chance of the expected possibility , The common condition of expected possibility' birth and development and its position and judicial standard.The second chapter: expected possibility and composition of crime in our country.The chapter have three sections .the first section points out there are some mistakes in the concept made by scholars in our country and formulate its concept as: expect that it's possible that the actor don't execute dangerous act in criminal law. The second section Mainly analyses the position that expected possibility is in composition of crime in our country. The third section point out the judicial Standard of expected possibility in our county is combining common person standard with the state standard.The third chapter: expected possibility and enactment of criminal law in our country.The chapter analyses whether some items in the criminal law embody expected possibility according to composition of crime and expected possibility in our country. Article 16 isn't the provision about expected possibility. The second paragraph of article 15 about negligent crimes embodies the thoughts of expected possibility.The 17th, 18th, 19th, articles haven't embodied expected possibility, justifiable defense in article 20 don't belong to expected possibility, but act committed by a person in an emergence to avert danger in article 21 are. when analyses some articles of criminal law, The chapter express some views about improvement of legislation about expected possibility at the same time.The fourth chapter: expected possibility and criminal judicature in our country.The chapter that analyses expected possibility in criminal justice is divided into two sections. The first section explains the mistake about expected possibility. The second section is about the relationship between expected possibility and determine guilt and weigh the penalty.
Keywords/Search Tags:expected possibility, concept, position, judicial standard
PDF Full Text Request
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