On The Punishment Scope And Restriction Of Abstract Potential Damage

Abstract Potential Damage has been accused of violations of the freedom of thepeople, but the continuous creation of legislation is also a fact, instead of accusing or evenignore these abstract potential damage offense, it is better to study certainly can be finedand based on its the penalties range of reasonable defined narrow. In this paper, Chinaabstract Potential Damage to sort out on the basis of, combined with the enactment oflegislation and judicial operations on the abstract Potential Damage penaltiesrange——abstract of Perilous punishment restriction——restriction path to Expanddiscussed in this article.The punishment scope of abstract potential damage is essentially related to how torealize the punishment according, so the first part of this article discusses the punishmentaccording of abstract potential damage, and said to the punishment according to the theoryof the main forms and essence said one by one analysis, from the point of view of theprotection of legal interests and penalties range limited form questioned in the analysis ofreal said, I believe that China should promote real say. The second part focuses on the abstract to the punishment scope of abstract potentialdamage narrows the reasons of legal basis and foundation in reality. Abstract PotentialDamage narrows the legal basis for the traditional legal interests, criminal law Humilityand last resort and principles of criminal responsibility. The reality is based on China’sdualist legal structure of the penalty structure determines,the abstract of Perilouspunishment scope with serious social harm should be offenses under criminal law,punishment can only be compared to the criminal policy of combining punishment withleniency abstract Potential Damage penalties range narrows the policy basis for the pathguidance.The third part is about the abstract Potential Damage penalties range narrows.Introduction and Assessment aims through extraterritorial abstract Potential Damage rangeof penalties defined penalties range of abstract of Perilous useful insights.The fourth part of the narrow path of abstract Potential Damage penalties range to dosome research think China should be divided into the narrow path to the abstract ofPerilous punishment range legislative path with judicial path. The legislative path for thecreation of a special discontinues a crime; steering punishment; use of objective punishedconditions. Judicial path to eliminate the hazard or deliberately exempted from punishment;the abstract of Perilous attempted form carefully punished; use of discretion in the judicialoperation reasonable definition of a case-by-case range of penalties to achieve substantive justice.