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The Only Consequences On Criminal Justice Issues

Posted on:2013-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2246330374975514Subject:Law
Abstract/Summary:PDF Full Text Request
China’s criminal justice system under the traditional legal culture, maintained somefeatures of only consequences of the theory. Criminal Law Amendment in recent years, putmore and more focus on criminal behavior Branch penalty. The only consequences of thetheory of judicial phenomena in cases still can be seen. Only in the criminal justiceconsequences on the judicial status quo, formally meet the legal value, to achieve the purposeof criminal law. But far away from the real meaning, it can not effectively deter crime, can notfully protect the rights of citizens, failed to achieve fairness and justice. Conviction toadvocate in the judicial practice focuses on objectivism, sentencing focuses on the subjective.objective and subjective unity of conviction and sentencing of the criminals to justice, law,criminal law purpose, help to reach a win-win situation in legal and social effects.In addition to the problems raised and the conclusion, this essay is divided into fourchapters:To begins with a typical case of China in recent years, author presented application of the onlyconsequences of the theory of the criminal justice system in China, clearify the significance ofanalyzing and studying the issue.The first section briefly narrates the only consequences on criminal justice issues,sub-section descries the definition, history, legislation and judicial reality in ChinaThe second section describes the causes and manifestations of the only consequences ofcriminal law issues. The author lists impact factors behind the judicial system as much aspossible, in order to lay the foundation for this article to solve this judicial phenomenon;The third section summarizes and analyzes the existing problems on criminal justice ofthe only consequences. Raises its advantages and disadvantages, point out the pros and cons,and provids adequate theoretical basis for this view.The fourth section on the basis of last three section, propose solutions to criminaljuridical phenomenon. Compare some charges in Germany and Japan and theAnglo-American criminal law with the relevant provisions of the Criminal Law. Convictionfocused objectivism and the sentencing focused on subjective measures is adopted to practise objective and function of criminal law, fully effective, to build a country ruled by law to dotheir modest.
Keywords/Search Tags:consequentialist, conviction and sentencing, objectivism, subjectivism
PDF Full Text Request
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