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The Study Of Stop Form Of Perilous Crime

Posted on:2016-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:R B LiaoFull Text:PDF
GTID:2296330461962428Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The character of risk in modern society makes criminal law become a tool to control security,risk is social power for criminal legislation and theory now. Studing perilous crime become pet from stepchild.This article mainly discusses stop form of it with classification.This article is consist of five parts:Part one is introduction,elaborating background is that China has stepped into risky period,perilous crime attracts more and more scholars’ attention.Innovation of this article is classification,perilous crime is classified into abstract and specific,then,study standard of stop form base on characters of each other.Some basic problems in part two,include ‘peril’ in criminal law,concept and classification of perilous crime,and the link between abstract,specific and behavior crime,result crime.Part three is the most important,mainly study problems about existence of consummation and attempted offence,then study standard of establishment and desistance of specific,and standard of consummation,attempted and desistance of abstract.But the prerequisite is that there is only establishment and desistance of specific and there is complete stop form of abstract.In the last,article admits existence of preparation of perilous crime,but it’s unnecessary to penalize it and the reasons.Article illustrates stop forms of perilous crime coincide with stop forms of other crimes,and make conclusions that either be dealt with attempted offence,implicated offence or imagine coincidence offence.The last part,pointing out some defects of criminal legislation about perilous crime,and give some suggestions direct against these defects.
Keywords/Search Tags:risk criminal law, perilous crime, specific perilous crime, abstract perilous crime, stop form of perilous crime
PDF Full Text Request
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