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The Comparative Research Of The Standard Of Violence In The Criminal Law

Posted on:2014-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LiFull Text:PDF
GTID:2266330422453951Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Violence as one type of behaviour in the criminal law, it has its own inherentconcepts and features. Violence act as constitute role in many crimes, therefore it isnecessary to reveal violence connotation. All the countries of the world criminal lawhave provisions about violence, the provisions of the acts of violence in the criminallaw of common law countries is quite extensive, with any degree of violence arelikely to constitute a crime. Civil law countries such as Germany and Japan criminallaw, supposed that the extent of the violence can be quantified, not with any degreeof violence can constitute a violent crime.Our country’s criminal law are deeply influenced by the civil law countries, theprovisions of the Penal Code provisions for violence are similar with criminal law inGermany and Japan, but our country’s research on violence are not deeply enough.The violent connotation explained are not given adequate attention both in criminallaw hermeneutic or the interpretation of criminal law, that connotation of violenceare not clearly defined in the legislation, as well as two high judicial interpretation,lack of common concepts and characteristics of violence in the interpretation ofcriminal jurisprudence, only have interpretation of the connotation of violence in theanalysis of specific crimes objective. Because behaviour violence does not have aclear connotation of violence, so it is difficult to define a crime accurately. Such asrobbery, violence has its own level and characteristics, these characteristics are alsothe key to distinct with Snatch Crime.Therefore, to understand the differences and relations of the connotation ofviolence as well as violence and related concepts are highly necessary. China’scriminal law provisions on violence is more extensive, according to certain criteria,all kinds of violence provisioned in China’s criminal law can be classified as follows:the fight against sexual violence and mandatory violence, direct violence andindirect violence, the constituent elements of violence and non-violence, mildviolence, general violence and direct violence. The same time, on the basis of the classification of violence, we can further explore the basic characteristics of theviolence, the basic characteristics of the violence include subjective intent andpurpose, objectively mandatory, as well as the fact that characteristics content andthe degree of the characteristics. In fact, about violence, there are many commonproblems, such as connotation, characteristics, types of violence, a comprehensiveand accurate understanding and study common problems of violence has importanttheoretical and practical value.
Keywords/Search Tags:The connotation of violence, Violence affirm standard, Robbery violence, Violence of disrupting public service
PDF Full Text Request
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