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Tolerance On Crime

Posted on:2013-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiFull Text:PDF
GTID:2246330395462859Subject:Law
Abstract/Summary:PDF Full Text Request
China’s criminal research has the, the Xia and Shang period already appear prison system(won through soil, jail); to the Tang and Song Dynasties, the study of crime also have a comprehensive development. The study of crime in China today is more intensive, targeted to the phenomenon of crime is derived from a wide range of disciplines to enrich the problem of crime contents of the study.For a long time, people and the government regarded the eradication of crime as a goal, which seriously distorted the understanding of people’s criminal objective and may result in criminal policy errors."Crime tolerance " this idea that crime is a normal social phenomenon, is an objective reality, the crime can not be eliminated in a short period of time, is not the passive acceptance, but an objective recognition of the existence of a crime, On that basis, to adjust our criminal justice policy has been, Serious harm to society, crime, and minor crime, to distinguish between treated handling crime through a rational and effective policy control within the limits of the community can bear.In this paper, some real life to some extent by the social system or the criminal law enforcement system the phenomenon of acquiescence, of the analysis; and explained the main reason for this phenomenon is due to the social system or law enforcement system of rational choice. In dealing with crime problems, crime control, crime reached the state can be controlled within the normal range. Correct understanding of the tolerance of crime, associated with several concepts, such as double tolerance, situational prevention theory, the law of criminal saturation, etc., the combination of these theories, perfect little inadequacies exist in national legislation, promoting the rule of law in the process of while strengthening the unity of the members of society in order to achieve the promotion of social development. On this basis, the article also pointed out that this phenomenon may impact and made a rough measure.Crime tolerance thinks that crime is a product of social contradictions, irreconcilable. It is the body of the scientific spirit of respect for facts, is a manifestation of realism. It can improve the public’s tolerance for crime, but also to avoid the people deprived of basic rights by the State; also within the government may reduce their power to ensure that people’s basic rights are not violated, concept proposed tolerance of crime, the state should be treated differently on the offense, the energy focused on the serious threat to social stability and personal security, crime, and such investment talent is the most economical and most effective.Because the legal system a long history of development, we can say that China’s legal system has certain good foundation, but because of the attitude of the extreme hatred of the crime research, awareness of the crime to the progress of development of the legal system to the phenomenon of stagnant, so the rule of law in our country development have a dilemma. Tolerance of crime is precisely to solve this dilemma in another direction, to correctly grasp the crime tolerance concept, effective crime control and crime prevention to become a "daily activities" to promote social development, and a correct understanding of the crime, to establish the correct values,effective control of crime; create various conditions in the social transformation of the idea of the potential perpetrators to change their motive for the crime, to curb their criminal intent, so as to achieve the goal of Crime Prevention. Safeguard the interests of the citizens, reduce the cost of justice, focusing on governance, egregious cases, to protect the interests of the victim.
Keywords/Search Tags:Crime, Tolerance, Limit
PDF Full Text Request
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