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Restraining Criminal Law

Posted on:2007-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:H KangFull Text:PDF
GTID:2206360212470588Subject:Law
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Criminal Penal Humility is the most important signs of civilization, this paper Criminal Law According to the meaning of historical origins, forms and Criminal Law According to the philosophy of ways, in conjunction with the current situation of China's criminal law, it is expected that China's criminal legislation, the judiciary can play a helpful role in the work. The article includes a preface and Humility meaning of the Criminal Law, Criminal Law According to the source, the Criminal Law and Criminal Law According to Humility is fortunate that the road in five parts.Part I : Introduction. Felonies ideology has always thought highly respected in our criminal law, the legal system is also reflected in the color of a felony, but the historical development of today, civilized system of criminal law calls Humility, the Penal Code should discard heavy punishments imposed to achieve the venial.Part II: Criminal Humility means. What Penal Humility? This is the need of this issue. "Cihai" expression "- Yi (stunning)," namely "modest concession." In this paper the concept of the rule of law that as a modern concept of criminal law should be Humility is permeated the whole field of criminal law by the State in accordance with certain rules of the scientific and rational way to determine the scope and criminal penalties for the distribution of sexual achieve executioner, the timely correction of errors in the judicial conduct a basic concept. Criminal Humility and the effect on the entire field of criminal law, including criminal legislation from the criminal justice and the penal system in the implementation of the link, according to a scientific and rational rules to determine criminal circles, the limits of what is criminal and what is clear to every reasonable allocation of criminal penalties to achieve executioner Road, erroneous judicial conduct timely corrections Meanwhile, it is necessary to adhere to procedural justice.Part III : Criminal Law According to the source. Although the concept of the criminal law Humility is the title of the modern jurists made, but criminal law Humility spirit of the concept and practice of modern society is not only appeared in ancient Chinese and foreign legal thinking contains Criminal Law According to the spirit of thinking, such as careful...
Keywords/Search Tags:the modestly restraining spirit of criminal law, meaning, source, exhibition, way of realization
PDF Full Text Request
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