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Research On The Quantitative Elements Of The Crime Constitution

Posted on:2015-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:R R ZhouFull Text:PDF
GTID:2296330431466039Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Since the concept of quantitative factors on the criminal law as atheoretical concept is extracted, had been subjected to a lot of criticism. But over time,the practice of accumulation and deepening of the study, so that more and more certainthat the academic and quantitative factors as a regulatory legal system in the wholecriminal justice system is indispensable. Then, towards the beginning of the academicresearch vision of a new direction, the focus falls on the quantitative research as afactor in regulating our legal system and constitute a crime if appropriate theoreticalsystem problems. The key issue here is how the concept of quantitative factorsreasonable system status attribution, attribution because of the different systems, theconcept of quantitative factors have different trade-offs change in function, but isfounded on different principles and logic constitute the starting point for crimetheoretical system for the quantitative factors of such a system of attribution theory outof the shelter space is different, all this makes you want to incorporate the substance ofthe concept of quantitative factors constitute a system for the problem of crime tend toconsider the complex. Thus the concept of the existence of quantitative factors actuallyaffect the internal structure consisting of various crimes theoretical system, and hasalso become an important opportunity for proper reflection of various crimes constitutea theoretical system with adaptive phase of our criminal law. Based on this, a basicunderstanding of this paper is from a more deep meaning of legal decisions functionaldifferentiation of the starting point of the build process, the concept of quantitativefactors in judicial decisions is not clear pressures are unlikely to clear attempt by " theconcept of quantitative factors paradigm " shift to ways to resolve the legislative level,and quantitative factors on the legislative level conceptual structure will still furthertoward abstraction and uncertainty, and privileges resulting substantive decisions to thejudiciary will be fully level shift. For this reason, the concept of quantitative factors Toachieve the desired functional utility requires a referent based system system level,through an inner construct their own perspective and the relevance and consistency ofthinking, and thus the concept of the quantitative factors the basic operating system of a building on the ground floor beneath can not be easily ignored, and how to establisheffective communication between the quantitative factors logically consistent with theconcept of crime constitutes a system of vital importance on the closed structure of thesystem from the self-constitution of crime departure, constraints on quantitative factorsin the choice of the variability of sight, and through this whole self-closing relevanceto construct quantitative factors applicable in the specific concept " normative " and byinternal consistency and compatibility with system requirements." cognitive " unity isthe ideal way to solve this problem...
Keywords/Search Tags:quantitative factors concepts, theoretical system constitutes a crime, the legal system theory, constitute the crime of quantitative factors
PDF Full Text Request
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