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Choice Of Value Of Criminal Law

Posted on:2012-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:X HanFull Text:PDF
GTID:2216330368995946Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Ever since a distant time in the research of criminal law, the relations between the text of law and the concept of moral issues cannot be distinguished quite well. The thesis will take these academic questions into really careful consideration. It is concerning about how to evaluate the law, and how to get into the criminal justice practice with the choice of value of criminal law.There is only one distinctive thesis: the choice of value of criminal law should be generated from the criminal law theory itself. The choice of value of criminal law combines the different kinds of theory together, such as the system of compositional factors of criminal law, and it draws a line between the various theories. From this subject, we can answer the questions about how it goes and works, how many major factors are there, how it will deeply affect the compositional factors of criminal law, and finally how to be a key point to the criminal practice depending on the criminal policy.As a micro-structure issue, the subject tells us the system of the choice of value being consisted of two parts: the demand of value and the evaluation of law. Generally speaking, combined type of choice of value is not an alternative factor in the criminal practice process. During the first level of this type of choice of value working system, is how to fix the problem, which is demanding of a judge or a citizen being quite an important issue. However, from the second level of that type mentioned above, the judge will equip himself with the criminal law system to solve the demanding of him or a citizen. All the theory we discussed before will turn into such a concept, which means the choice of value of criminal law should be passed on in a piece of verdict paper.As the subject as a macro-structure issue, the choice of value of criminal law is strongly correlated with the criminal policy based on the system of criminal policy itself. From the cultural values reflected in criminal law point of view, the criminal policy should be confined itself in the system of choice of value of criminal law, aiming to give a crime suspect a justifiable judgment.
Keywords/Search Tags:Choice of Value, Demand of Value, Evaluation of Law, Combined Type of Choice of Value
PDF Full Text Request
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