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Complex Sin Study

Posted on:2007-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z W ZhaoFull Text:PDF
GTID:2206360185983080Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Since the new penal code was revised in 1997, the complicated fault problem has been the dispute focus in the circle of criminal law, but so far there is still no theory has obtained a chief position. The traditional criminal law theories think that a concrete crime can have only one kind of fault form, one is intention, the other is negligence, there is no space for the third fault form, but the emergence of the complicated fault problem makes a challenge for this traditional fault theory, causing a big dispute in the circle of criminal law: some scholars think that the complicated fault is still a single fault in fact and is not a kind of independent fault form, the complicated fault problem can be solved by traditional criminal fault theories; some scholars think that the current criminal fault theory has got into dilemma, and can not solve the complicated fault problem, we need to create the third fault form, we should admit that the emergence of the complicated fault problem is really a big challenge for our current fault theories, we don't know the result of this dispute, but we can find out that our current criminal fault theory is not excellent and needs to be perfected, the textual content mainly includes several parts as follows:The first part: the writer reviews the current research of the criminal fault theories firstly, it contains the development of the fault theories and its main content in our country, and the development of the fault theories in foreign countries, which contains several typical fault theories.The second part: the writer introduces the complicated fault problem next, and after discussing its characteristics, we can find out the crimes of the complicated fault in our penal code, and then the writer mainly introduces the scholars' comments on the complicated fault problem, including the theories of intention, negligence and the compound fault, then gives comments on these theories.The third part: the writer uses the dangerous consequence and criminal object as the analytical tool, after solving the fault judgment standard, then we can solve the complicated fault problem.The fourth part: in this part, the writer uses the theory of criminal details to demonstrate his opinion, at last, the writer gives several legislation suggestions to perfect our legislation.
Keywords/Search Tags:intention, negligence, complicated fault, dangerous consequence, criminal object, details
PDF Full Text Request
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