Plot To Commit A Number Of Issues

That circumstance is offended is a type commit a crime that our country corporal punishment middle is proper one kind. Occupy very big specific gravity in our country provisions of the criminal law committing a crime , always be that the theory boundary and reality are engaged in what boundary pays close attention to, but right away at present study current situation comes to say the article carrying out system research's on this problem is comparatively few , the premise and theoretical divergence studying at the same time are comparatively big. The circumstance therefore, studying all-round but thorough is offended, the form comments on , the function committing and effect promoting the criminal legislation judiciary , driving rightness to treat circumstance have assignable theory value and practice significance to perfecting our country corporal punishment committing a crime.The main body of a book be allotted five parts , about 33,000 characters together.Partâ… is that circumstance offends an introduction. The circumstance studying is offended must the circumstance concept be beat out. The author is on the march to various viewpoint commenting on and analysing , bring forward self viewpoint and but about that circumstance concept , academic circles have many viewpoints, various being circumstance in our country corporal punishment , being refer to provisions of the criminal law's or criminal policy-based the danger thinking to punishment fits the crime, carrying out a death sentence weighing and reflecting the behavior society harmfulness and person of behavior people and their degree betokens objective fact. But the main body of a book circumstance the boundary that the circumstance range asks to be smaller than the above-mentioned circumstance concept over of committing fixes. The circumstance characteristic of committing shows circumstance mainly on the legislation pattern being convicted , is that corporal punishment is allotted be founded being that the circumstance playing arrive at decisive role to firm belief committing a crime , whose function clearly stipulated in writing depend on differentiation circumstance commits or not. About the concept that circumstance offends, academic circles has committing a crime setting up standard mark of speaking and committing a crime accomplished offense the standard speaks , that the author thinks that circumstance commits is to refer to our country corporal punishment is that the type, does not commit including that circumstance increases weight, circumstance eases off mark with committing a crime requiring that "circumstance is grave (circumstance is very bad)" as the circumstance committing a crime being founded be hit by clear stipulation criminal , special circumstance aggravation criminal. It has legal , manifestation diversity , upper fuzziness of formulation , characteristics such as range universality , fault complexity. The article is fairly brief have expounded legislation behaviour that circumstance offends.Partâ…¡is that circumstance offends the problem composing theory with committing a crime. The author has discussed that committing a crime that circumstance commits composes the aspect problem first. Academic circles thinks that committing a crime that circumstance commits composes the aspect problem , depend on circumstance offends being to commit a crime composing important condition or not mainly. The author thinks that committing a crime that circumstance commits composes problem embodying a concentrated reflection of mainly in the respect of "circumstance position and effect in composing gravely (circumstance is very bad)" in committing a crime , thinking that circumstance "circumstance in committing is grave (circumstance is very bad)" is the important condition composing commit a crime in our country corporal punishment , shows relation inflicting punishment on condition "gravely (circumstance is very bad) with relation and circumstance" committing a crime composing important condition with the sex breaking the law and objective may fine forfeit in criminal law of the continental law system theory in the circumstance being convicted concretely. The author thinks that "circumstance composes the corporal punishment middle having no way to there be no necessary direct transplanting continent genealogy of law at present under the frame gravely (circumstance is very bad)" in current committing a crime of our country but the nature theory breaking the law and objective fining forfeit inflict punishment on condition , circumstance "circumstance in committing getting up gravely (circumstance is very bad)" kind in some on degree arriving at, similar effect.Partâ…¢is circumstance destiny in committing in conviction and penalty according to law ken problem. Circumstance is offended committing a crime as proper our country corporal punishment one kind the type, brings in a lot of criticism because of whose upper "blurred legislation formulation type ", and accordingly definition of thinking that circumstance commits inconformity conviction and penalty according to law doctrine demands, be to that conviction and penalty according to law doctrine impingement. The author thinks that "definition " can only be us till high running after but has no way to reach a mare's nest of destination ,fundamental value idea that "water runs after till being same completely there be no fish's" life principle apply to criminal legal institutions. Ensure a spirit disregarding the human rights from classical allusion conviction and penalty according to law doctrine, still, finclause judging from modern conviction and penalty according to law doctrine social protection request, circumstance commits and conviction and penalty according to law doctrine goes against all Bu Xiang . Circumstance offends the impingement being not doctrine not only to conviction and penalty according to law , on the contrary, existence and conviction and penalty according to law doctrine that circumstance offends are not to conflict with each other , the existence that circumstance offends exactly is that the penalty is modest or nature demands being satisfied with the existence that correct conviction and penalty according to law doctrine annotation, and circumstance offend. Partâ…£is that the judiciary that circumstance offends is suitable for use. Because of the "grave (circumstance is very bad) circumstance" fuzziness that circumstance offends, have many problem in actual judicial practice in setting mind on circumstance going against superiors, circumstance "circumstance of committing explains multivariant the main body sex for instance gravely " , make an explanation content melt arbitrarily, circumstance "circumstance of committing enters crime gravely " spending thought general melt waiting , judge's discretion also has no benefit thereby especially in having a lot of be difficult to solve problem in actual judicial practice , to restricting judiciary person rationally. As a result, the author thinks, under current condition , applies to the judiciary that circumstance offends must grasp several bases , just say, in actual judicial practice , how to set mind on "the grave (circumstance is very bad) problem of circumstance". "But development suitable for use discusses , the author thinks the judiciary that the article offends to circumstance with our country corporal punishment article 13 "but the book " , the book " makes clear that circumstance offends the model who is that this contains the quantify factor in introducing to the sort concept committing a crime, committing a crime composing a pattern with quantify factor. Circumstance is offended saying the concrete reaction being a concept commit a crime in our country corporal punishment general principles kind in some on degree, but, the existence that circumstance offends can't have value and significance independent.Partâ…¤is that circumstance commits legislation perfect. Circumstance is offended as one kind of legislation example , is also that every holds one end about that its advantages and disadvantages having many viewpoints , educational circles abolishing to its existing. The author thinks that one aspect , circumstance commit the existence necessity , interposition , another aspect being that circumstance offends self system, circumstance offends system self be ought to affirmative. But, because of circumstance criminal criminal legislation of our country go ahead having certain arbitrariness, existence is also certain on be short of necessary scientific analysis and demonstration, and depend on formulation undistributed and do not identify. Offend upper have problem of legislation to circumstance having been in progress commenting on and analysing , offend and have submitted a little suggestion , to await pair judicial perfect practice to circumstance having institute benefit under reason why , author premise there existing in criminal in affirmative circumstance.