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Conversion Guilty Of A Number Of Issues

Posted on:2008-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:W L YangFull Text:PDF
GTID:2206360215473026Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The changing offending can be called "conversion offending". in rencent years, the issues about the changing offending is the hot pots, the scholars have a lot of interested in definition, characteristics and legal statutes of this issue,but there is not a common theory for the scholars can' t prove the proplem derectly. In this essay, the author try to expound it in another way and gives some new opinions in the base of the viewpoints of seniors, hoping to give some help to other scholars' studying.This essay, with total of 35, 000 words,consists of 3 parts, as follows:The first part, general survey of the changing offending. this part, the writer suggests some basic proplems of the changing offending in the conditon of many traditional thinkings. For example, in the issue of definition, according to the explanations of other reaserchers, The author give a definition as follows: the changing offending is a crime which convert from the basic offending to the final offengding because of the behavior, result and method in the court of the commiting or the lasting of the inlegal state, and be punished in the final offenfing according to the law.Besiding the definition, the author aslo expound the four characteristics of the changing offending in this part, the feature of the felony, the feature of the heterogeneous medium, the feature of the only convicting and the feature of the law's definitude. Moreover, this part also including the differences between the types of all the changing offending. for examle, the distinguish between the sorption-offending and the changing offending, the distinguish between the implicated offending and the changing offending.The second part, the discussion of the hot pots. In this part, the author expounds the forward issues and the complicated issues, at the same time, gives a lot of standpoints of himself. There are so much conscientious consideration from the issue of the denfending-fixing of the youth to the voluntarily surrender self of robbing. For example, to the issue whether the eight aggravations of robbing are suit fot the changing type of robbing, the author give the new suggestion that the changing type of robbing is not applicable for the eight aggravations of robbing, because of the three reasons in the aspects of formation of a crime, society harmfulness and the determinacy of the law. Moreover, there are other hot issues including in this part, for example, the relation between the changing offending of lagal and the changing offending of facting, the relation between the changing offending of lagal and the changing offending of nature.The third part, the lagislation valuation of the changing offending. As the ending part of the essay, the foothold has come back to the lagislation valuation and the significance of the practice. In this part, the author not only analyse the example of the changing offending in the lawdetailedly, but also give some suggestions to the unreasonableness of the changing offending in the law, hoping to remind the legislator for the leak of the law.
Keywords/Search Tags:Conversion
PDF Full Text Request
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