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On The "Other" In Criminal Law

Posted on:2015-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y F TangFull Text:PDF
GTID:2296330422477851Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The general provisions of criminal law in China,(including eight criminal lawamendments), can be seen everywhere "other ways","other methods","other means"similar "other" word, this is not one one lists, collectively referred to as the "other"language phenomenon. through to our country criminal law in the "other" languagelogic of Zhou Yan, extent rather, the content of the relevance of the three bigcharacteristics analysis, allows us to "other" in criminal law. The legislationphenomenon formed a more intuitive, understanding. The inevitable result in differentunderstanding. People call this phenomenon of criminal charges "pocket". Somescholars to be considered a "criminal law general provisions","charges interceptterms" and so on.I think that in our criminal law "other" language, is to adapt to the need ofjudicial practice in China the development of production, but also can be regarded asthe conflict and integration of fuzzy and clear criminal norm. The criminal code is therealistic requirement, implement the principles of legality. However, the lag of legalnorms, the stiffness of this defect makes the fuzzy criminal norms emerge as the timesrequire."Other" language to shape things based on standard of clarity, and complywith the need of social life development production. Therefore, the "other" languageinquiry should be comprehensive of its background,"other" language feature,"other"in terms of value and so on, using the principle of interpretation related, so as to exertthe "other" language role.
Keywords/Search Tags:"other" language, feature, value, principles of interpretation
PDF Full Text Request
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