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On The Results Of The Criminal Law

Posted on:2007-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y C DengFull Text:PDF
GTID:2206360185471707Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The result in the criminal law is a concept that contains many things, which can reflect all the results that appear in the texts or lie in the rules and logics in the regulations of the criminal law. It isn't confined to the fields of results in components, forms and meanings, committing crimes and doing harms. Making systematic analysis of the result in criminal law and classifying it gradually is not only concerned with the result itself but also touches relative theoretical matters such as compartmentalize about debt configuration, cognizance about standard of completed offense, tropism on criminal essence. Now in the field of criminal law, there isn't enough understanding on this. Many scholars still talk about results by results. They always give the result a exclusive position and analyze the pre-fixed result in the pre-fixed range. Then they throw away all the results that they deny. In this essay, the author aims to break the traditional research methods and tries to understand different concepts of results in different circumstances. As a result, different results in the criminal law can be put in their proper places and be used appropriately.There are 45000 words in this essay. There are four parts beside the introduction and the conclusion.Part one deals with the general research condition in the field of criminal law. The major concern in this part is the current research condition of result in the field of criminal law. The present evaluation models of committing crime can be classified in to three types. They are three stages evaluation model represented by Germany and Japan, four factors model represented by USSR and China, and dual model represented by France, Britain and America. Within these three models, scholars argue greatly about the understanding of results. For example, controversy about monism and dualism, theory in broad sense and narrow sense, and so on. Except in the dual model in which results are generally agreed as the outside changes that are caused by behaviors and have meanings of the criminal law. We can't treat the scholarly opinions as a whole. Instead we must analyze them according to relative circumstances. The criterions for judgment are the specified regulations in the criminal law and the choice of the evaluation models of committing crimes. Only when we base on this can we get the right position from the complex opinions.
Keywords/Search Tags:the results in criminal law, the evaluation models of crime behaviors, the results of legal significance, the results of natural significance
PDF Full Text Request
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