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The Theory Of Dealing With Specific Method Of Mistake

Posted on:2015-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:J H PengFull Text:PDF
GTID:2266330428451804Subject:Law
Abstract/Summary:PDF Full Text Request
How to deal with specific methods of mistake, there are two kinds of mainstreamtheories of sharp opposition between specific compliance and statutorycompliance.To mitigate Sharply conflicting of doctrines of concrete accord anddoctrines of legally prescribed accord, Some scholars put forward the intermediatetheories, the representative theory is the theory of planned behavior proposed byprofessor Roxin. The representative to the British and American in common lawsystem put forward the theory different from civil law system which is transferredmalice. As the solution to the specific compliance of two kinds of mainstreamtheories have some shortcomings and defects, but without more scientific perfecttheory, the author believe that specific compliance maybe more scientific andreasonable,and it is also the popular theory of criminal error inGerman.Theoretic shortage of statutory compliance that Ignoring the offender’sCrime means, treating deliberately as a normative concept, at the same time, ignoringthe violation personality behavior of the subjective and objective constitutiverequirements as image of "guidance",leading to violating principle of personalresponsibility. The contradiction between two different conclusions also exist in thesame kind of behavior when we deal with the specific actual cases.Especially in thecase of the Concurrent instances, statutory compliance cannot solve the problem,even exist a deliberately said and sundry deliberately said, on one hand it make welose our bearings, on the other hand the doctrines of concrete accord haveSatisfactory solution to this problem and the theory of internal also has a moreuniform processing theory.This article has the following seven sections:1. Introduction: Writing paper describes the background and significance, alsointroduced the idea of argumentation and conclusions.2. Concepts and methods related to the specific error Concepts: Introductionwrong way.3. Specific methods off at the wrong doctrine profiles. 4. Compliance with statutory and theoretical critique said.5. Specific criticism and rebuttal accord said.6. Processing methods and doctrines of reference.7. Summary overview.
Keywords/Search Tags:Specific Method of Mistake, Statutory Compliance, Specific Compliance, Theory of Planned Behavior
PDF Full Text Request
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