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The Concept Of Potential Damage

Posted on:2012-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q CuiFull Text:PDF
GTID:2216330338457130Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As dangerous crimes theory the favour of criminal law scholars constantly scholars about the dangerous crimes, the study also increasingly deeper. But what is dangerous crimes or in a state of wrangling. Have an argument makes progress, many academic thought is in constant dispute to the birth. But committed to define sure is a very dangerous adventure act, since danger itself is a concept of a variety of meanings. But it is this problem, gave the author of difficult challenges and power. In this paper, the author of our country at first dangerous crimes research status and concept made a careful combing the continental law system, in reference to dangerous crimes and our country after the concept of, re-examine theory of in our country's existing criminal law theory system under the concept of dangerous crimes living environment and then gives the author himself the concept of the dangerous crimes, in order to make the concept of our state's hazardous and study help.The theory of dangerous crimes have its profound theoretical background, it is the criminal law in order to deal with modern risk society and designed a response. So in research dangerous crimes and concept is necessary to its before theoretical background-risk society have some knowledge, a "risk society" means in the middle of the twentieth century, after earlier in industry or the various development into center comprehensive effect produced by society. In this society, humans rely on highly developed technology and industrial technology created a lot of wealth in the creation of wealth, at the same time, various kinds of dangerous also follows. In a society of self-protection, to the human good development, it is necessary to introduce dangerous crimes theory. Dangerous crimes in this theory is the background, the time still short because of studies, dangerous crimes theory is not mature. This is the group of criminal abroad for early in contact, achievement is some more. Continental conceptual point of view about dangerous crimes basically has 3:first, based on the dangerous crimes according to the punishment the Angle of the defined dangerous crimes description. Second, based on dangerous crimes to the accomplishment Angle of risk commits defined description. Third, based on the Angle of the dangerous crimes of dangerous crimes was a description of definition. Because deeply influence on the theory of continental law system, our country criminal law theory about the concept of dangerous crimes views have centered on top three standard do classification. But because of specific theory architecture is different, the theory of Chinese criminal law based on dangerous crimes Angle of the accomplishment of the dangerous crimes was established based on the view of dangerous crimes done description and defined continental law system based on the two angles of dangerous make definition doing descriptions are qualitatively different from.Based on the concept of dangerous crimes in the description and civil law countries and regions, the author described qualitatively different from dominated by our theory in both profits from the mainland legal system theory under specific to hunt for guiding ideology of China's criminal law environment for the concept of dangerous crimes. The danger is dangerous crimes committed before studied dangerous concept must be clear, a question, actually dangerous crimes is not equal to the danger of the danger, danger committed criminal law refers to the risk of harm to the legal protection of criminal behavior that caused the law benefits the representation of the real harm results occur specific objective facts real possibility. Dangerous judgment is the study of the concept of dangerous crimes to solve another important question, it is linked to the specific how to quantify the dangers of the dangerous crimes. The above each problem in a detailed study, dangerous crimes after the concept of the show:it will be shaped in dangerous crimes act of intentionally or negligently the harm of the implementation of the form of sin for the protection of criminal behavior that caused the perilous state of the law benefits for crime elements of the crime.
Keywords/Search Tags:Dangerous, The concept of risk status
PDF Full Text Request
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