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No Study Of Victims Of Crime

Posted on:2015-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:X MiaoFull Text:PDF
GTID:2266330431957465Subject:Law
Abstract/Summary:PDF Full Text Request
Victimless crime problems at home and abroad have also been lots of research todate, and this hot issue is still on, such as “Wife Swap Case”, abortion, euthanasia andso on.Since the American scholar Edwin Schur first proposed in1965the concept ofvictimless crime, the research about victimless crime at home and abroad have beenalways carried forward, but victimless crime is still not unified, what can be said to becontroversial. Through the case respectively introduced in the paper a concrete caseabout victimless crime in our country, and special crime cases abroad, and thus todistinguish the analysis of limited criminalization at our country, and the wave ofdecriminalization at abroad. The author thinks that, although some types of victimlesscrime against the legal interests protected by criminal law, but because of their specialnature, such as the victim is a crime perpetrators, or the victim is completely voluntary,so decriminalization is the wave at abroad, and at the same time, our country is used tothis kind named limited criminalization.In this paper, through “Wife Swap Case” and through foreign practices in thespecific cases and existing laws, analyzes the current status of the development to ourcountry about victimless crime, then puts forward the perfect view--facing victimlesscrime problems in our country, we cannot copy the foreign practice used directly,however, we should think of China’s special national conditions, cultural tradition andthe current legislative situation, and improve the policy of limited decriminalization thatcan regulate the type of crimes effectively.
Keywords/Search Tags:Victimless crime, Limited decriminalization, Decriminalization, Domesticand foreign research
PDF Full Text Request
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