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Criminal Law Protection Of Physiological Vulnerable Groups

Posted on:2012-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:X X WangFull Text:PDF
GTID:2216330368992315Subject:Criminal Law
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From 1980, China started reform and opening up, after thirty years of unremitting efforts, China's economy has made great achievements ,attracting worldwide attention, but the rule of law progress has lagged far behind economic development, rule of law and market economy is the economy, the lack of Protect the rule of law ,We just stumbled giant leg, although some progress can be short term, but over time, will become increasingly inconsistent and will surely let us crashing down.We want the crown of the Paralympic Games, the Olympics should be the pursuit of narrow gold.Criminal law is a rule of law in an important and indispensable part of the purpose of criminal law, not only our stated in the Penal Code to combat crime and protect the people, he is a strong social equity and justice, security, and he is also concerned Is not only a sick society - crime, it is the vast world of mortal beings.Rapid economic development, rule of law stagnating bring is more unfair and unbalanced, "the abstract evaluation of the legal scale is based on justice, although justice itself as 'Proteus' face volatile, in theory, Only the certainty of the theoretical system of the scholars held. But, with some positive elements of the laws of justice are always people within the spirit and the pursuit of basic functions. "①Therefore, we need to give more attention to vulnerable groups and protection, legal protection is a question of meaning, criminal protection is a top priority.To give more protection to vulnerable groups, not only does not violate the principle of sin and guilt of criminal punishment fit the basic principles of criminal law principles, it will promote the sound development of society and the rule of law and build a truly harmonious society, because "the law of the maximum Legitimacy, is in its most profound of human nature and seamless fit. "② Society in transition, there will be inevitable in human society, "survival of the fittest", but us human, different from the nature of natural selection, is that we will be thinking, there are universal values of the guidelines. We will not be pleased over their own people and from joy, let it fall, on the contrary, one of the weak we will give more care. Vulnerable groups, that is, competitive disadvantage in our society party, in today, whether it is international law or domestic law, there are a lot of physical protection of vulnerable groups of the provisions, which is the crystallization of human civilization. Physiological vulnerable groups, according to their origin, can be divided into social disadvantaged groups and vulnerable groups, both physiological, the former is a system of "victim ", which is the physiological state of the helpless, compared to the former, the latter has not Reversed and, consequently, the law is relatively more care given.Criminal law is one to display their talent to meet the self-esteem, to arouse passion, justice of the subjects.①Criminal law is not only the hanging sword of Damocles overhead, but also beyond the Pyrenees just call. Therefore, criminal law, the physiological level of protection of vulnerable groups, on the show from a fundamental physical nature of a country for the conservation status of vulnerable groups. Criminal Law for the physical protection of vulnerable groups focused on the following prices: the protection of minors, to people with mental disorders and the deaf, the blind protection, the protection of women, protection of the elderly. This is also around these aspects, but the contents are not equal parts, because of criminal law protection of the physiological status of vulnerable groups is the case, some aspects quite complete, even ahead of the level of developed countries, legislative, Such as the protection of minors, not only enrich the legislative provisions, and appropriate measures. However, in some respects, but also there are some flawed, such as protection for the elderly and the disabled, the very lack of provisions to protect the main body is not very clear, these have yet to be further improved. This article begins with a physiological account of the underlying concepts of vulnerable groups, vulnerable groups and then classified according to physiological and gradually discusses the protection of minors in criminal law, criminal law protection of women, the elderly and persons with disabilities in Criminal Law. Status of them introduced, there are historical source, there are legislative proposals. Piece of a jigsaw of the criminal law in order to physiological reflected in the protection of vulnerable groups.
Keywords/Search Tags:Vulnerable Groups, Physiological, Criminal Law Protection
PDF Full Text Request
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