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Object Of A Crime Meeting

Posted on:2007-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:C Y WenFull Text:PDF
GTID:2206360185960477Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Crime constitution has always been the research pivot in science of criminal law. The scholars of criminal law in China accepted the crime constitution theory of USSR and tried to adjust it to the changing society .Lots of scholars have done deep researches,and put forward many challenging views.Among those arguments , violated object of crime has brought heated discussion,whose concept , classification , status and function are especially in much disput,which is harm to realize its great function in practice .The author tries to find how it came into being , concentrate on the key problems and justify its significance and function in the theoretical system about criminal law.The thesis is composed of four chapters. Chapter I analyzes the origin and development of the theories on the violated object of crime by employing the historical research approach. In early Russia ,the dominating theories included Norm Violation Theory ,Subjective Rights Theory and Legal Interests Theory.After revolution,the scholars in the days of USSR perceived that the previous viewpoints concealed the essence of crime ,and pointed out that the essential characteristic of crime lay in its destructive nature against society ,which means that the crime violates a certain social relation intentionally protected by the ruling class.In this sense ,the violated object is the relation safeguarded by Criminal Law.In early Russia ,notwithstanding the fact the crime constitution was mentioned ,there seldom existed well-developed or influential theories,so it's generally believed that theories on crime constitution conceived in the USSR be critically inherited from Continental theories on how a crime comes into being ,and the theory of violated object be deduced from the concept of illegality and develop into a unique concept and be one of constitutive elements in science of...
Keywords/Search Tags:The violated object of crime, Legal interests, The constitutive element of crime, Function
PDF Full Text Request
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