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The Explanation Of "Violation Against Rules" Provisions Of Criminal Law

Posted on:2014-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:R M WangFull Text:PDF
GTID:2256330425962972Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In Criminal Law of China, legal textual representation described as a "violation of... provisions"(hereinafter referred to as the "violation against rules") amounts to as much as sixty. In the explanation of the provisions of these laws, there are many problems:First, the textual representation are complex and diverse, not uniform; Secondly, the "violation against rules" provisions are described in quite different ways, some are specific, while others are simple; And last, the representation has various meanings in different provisions of Criminal law, and has different functions. Because of that, the explanation has become more and more difficult. In this article, we will classify these provisions and make an detailed explanation, making conviction and sentencing much more exact in the administration of justice. Besides, in this article we will explore the relation between Criminal Law and other laws.There are four parts in this article for the theoretical interpretation of the provisions. In the first part, we point that the provisions belong to Blank Counts, which must be explained binding to Principle of Legality and reflect independent value of Criminal Law; In the second part, we will analysis the practical meaning of the provisions, and describe them into two types; In the last two parts, the article made a specific explanation of two types of provisions, referring to lots of theories of laws.According to this article below, we will find that the criminals ruled by those provisions have not only violated the Administrative Law but also the Criminal Law. When we explain the provisions of the Criminal Law,we should refer to the Administrative Law, which is also representative of consistency of law system.
Keywords/Search Tags:the explanations of the provisions described" the violationagainst rules", Principle of Law, two types of the provisions, consistency oflaw system
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