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Theoretical Study Of Criminal Responsibility

Posted on:2008-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:K L XuFull Text:PDF
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This paper studies the theory of criminal liability perspective, and adopt a theory of criminal liability which outline in the introduction of the former Soviet Union and civil law countries on the basis of the theory of criminal responsibility, pointing out that China's criminal responsibility of the legislative and judicial due starus.Finally, This paper illustrates China's legal system' Defects and how to be perfect.The main thesis is divided into four parts.First, scholars from China's criminal law on criminal responsibility concept, starting with the status of research, summarized the past through the study of the content, discusses the concept of criminal responsibility, character and nature, and laid the theoretical framework of criminal liability based. The concept of the Penal Code on criminal responsibility considerable academic debate, there are legal obligations that the negative assessment, saying, criminal obligations said that the compulsory methods (criminal punishment) said that the legal consequences that triple tectonic said, the author of this January 1 and made their own views. On the nature of criminal responsibility, Western scholars have three main opposition views: First, the moral responsibility of the social responsibility theory; Second, the act of responsibility, character and personality of the responsibility of responsibility: 3, psychological and norms of the responsibility of responsibility. I absorbed all these core doctrine of reasonable use of the Marxist dialectical method of the material factors behind criminal liability, class nature essence, that is the essence of the criminal responsibility of the fundamental interests of the ruling class on a negative evaluation of the crime. Before the summarized the results of research on to a realistic point of the observed lack of them, that cause the theory and practice of criminal responsibility in the huge contrast between the origins, expounding on China's criminal status quo. Second, the theory of China's Criminal Law by a greater impact on the former Soviet Union, plus the effects of the civil law, statute law as a legal performance to the basic form, so I spent a certain amount of space on the former Soviet Union and the major countries of civil done a theory of criminal responsibility introduced outlined Italy the mainland and the Western theory of criminal liability related content, using the method of comparative analysis of the strengths and criminal liability abroad defects. Focus on how China can learn from the advanced experience of foreign countries to improve the status of China's criminal legislation. In this paper the characteristics of lies, from criminal liability theory, the focus on remodeling and improving existing criminal legislation. Through such studies, we can easily find the perfect China's criminal legislation thinking approach roads, that is, thinking in succession and draw under the guidance to China's existing criminal legislation based on the criminal responsibility of finding a reasonable position, in order to give full play to the function of criminal responsibility.Third, pointed out that criminal responsibility is the link between crime and punishment bridges, according to a prospective, but criminal responsibility in that role and status of China's existing criminal legislation did not receive proper representation, while China's current judicial practice too, many people accustomed to crime - penalty mode of thinking, Mandrax slightly criminally judgment, I have to be analyzed . Finally, noted that China's reality in the criminal legislation on the criminal responsibility provisions of defects in the proposed reconfiguration of criminal responsibility provisions of the Penal Code be perfect.
Keywords/Search Tags:Criminal liability, Criminal legislation, Handicap, Complete
PDF Full Text Request
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