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Legal Interest Perspective Of Group Licentiousness Boundary

Posted on:2014-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:J GuoFull Text:PDF
GTID:2246330398468959Subject:Punishment law
Abstract/Summary:PDF Full Text Request
In recent years the number of assembled licentious cases caused great social debate, bingThe relatively unfamiliar crowd licentiousness into public discussion of vision.. For this crime, The focus is the recognition of group licentiousness need to distinguish public and private situations, This difference became a focus of criticism of group licentiousness.Based on the theory of legal interest theory as analysis tool, The first step by step combing of the law concept and content, expounding The legal interest important function in criminal law, explain and define function by The legal interest, Legal interest gradually defined by group licentiousness.,point of view does not belong to this crime against the legal interests is excluded, and then on the crime of infringement of legal interests are determined. Then to define the behavior by the legal interest by criminal law, solve disputes between open and privacy.,the constitutions of the crime will be only limited to the behavior penly carried out.In this paper, through the perspective of interpretation of criminal law, combing of the Criminal Code charges with the entire criminal justice system, make The specific charges be consistent with the requirements of the criminal law system, at the same time, By defining the constitution of this crime, protect citizens and private rights better, form a balance between public order and individual freedom, define the conditions and scope of state authority to intervene private field, it complies with the requirements of the rule of law society.The dispute resolution group licentiousness is significant, distinguish between public and private is the division of public and private areas, is also division between the public power and personal rights. Legal interest theory is a tool to provide a theoretical basis for this division.it make distinguishing between different situations more persuasive, more consistent with the criminal justice system...
Keywords/Search Tags:Group licentiousness, right, law, order, public, private environment
PDF Full Text Request
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