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Crime Constitution Theory Of Reflection And Improvement

Posted on:2014-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:S C JiangFull Text:PDF
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There is a very big dispute system in China in four aspects of traditional scholars crime two big elements of the composition, and from every point of view of traditional crime constitution system have done a lot of research, this paper from the angle of objective and subjective class relations.This paper consists of four chapters.The first chapter is an overview of our traditional criminal constitution system. Including the main contents are as follows:the content and features of one or two blocks of four elements of constitution of crime of our country, points out that the traditional system with coupling type, flat and static characteristics of the three; two, China’s crime constitution theory system, points out that the principle of legality and the principle of the unity of the subjective and objective elements respectively to determine the system of our country from the legal principle of crime and criminal law theory, and the social harmfulness should be the essence of the system of crime constitution.The second chapter constitute elements of class concept system of analysis from the point of view of system and on crimes in china. Including the main contents are as follows:first, the subjective and objective. It is pointed out that the traditional theory of object of crime and criminal objective as objective element, subject of crime and subjective aspects of angry son as subjective elements of the Division has the following defects:four elements cannot be classified into the subjective scope, objective and subjective boundary is not clear, pure existence distinguish meaning of no significance in the same class. Two, the subjective and the objective relationship. In the analysis of the theoretical analysis and the case when the views and ideas of subjective than objective traditionally defects. And points out that the objective is superior to subjective reason mainly lies in the judgment process:type of Sino-French infringement judgment plays a guiding role, subjective judgment depends on the objective judgment. Three, the subjective and objective elements of the function. According to the viewpoint of system theory of crime constitutive elements system should have specific functions in the system, and the function of constitution of crime in China is the objective harm and subjective malignant in the two aspects of the value judgment, so each element should also have this feature. But in our country "s criminal theory ignores the problem of functional elements. Mainly in the following areas:the object, the justifiable defense identity of identity, accidental defense, the purpose of purpose offense, subjective elements.The third chapter discusses the constitution of crime in our country in order to reconstruct subjective and objective elements in the. Including the main contents are as follows:the transformation of a, based on the four elements. Points out that the connotation of the concept of Li Hong class four elements, in the traditional crime transformation, logic as the basis for the Wang Chong has practical function sequence of these four elements based on the transformation plan although has certain truth, but also have their own problems. The two or three class theory. Pointed out our country scholar cites reconstruction scheme of three class system of Germany and Japan has the following defects:the contradiction between contradictions, overall judgment and class contradictions, judgment of responsibility within the illegal internal contradictions, crime and criminal responsibility, but it does not mean the three class theory to our crime constitution system without any reference value, and puts forward the reform ideas:elements of functional system of the original crime, research and introduce the German-Japan three classes in the theory of violating legal interests theory and the theory of anticipated possibility to deepen the objective harm and subjective, in order to transform order relationship between the main objective.The fourth chapter discusses the reconstruction of our crime constitution should pay attention to the structure of two questions:first, the constitution of crime in our country reasonable orientation of the social harmfulness. Combined with the system of constitution of crime in criminal law, China’s traditional social harmfulness theory has the following defects:lack of comprehensive judgments, the lack of objective harm and subjective malignant in-depth study, change the defect needs to carry out social harmfulness of crime as a system of value judgement on the basis of the concept, research also needs to introduce the law against and look forward to the possibility of deepening social hazard. Two, our country criminal reasonable apparent consistency principle of subject and object. Pointed out that the unity of subjective and objective reasons many accusations principle is:subjective and objective, subjective exaggerated role consistent view of the role of the concept consistent principle of consistent principle, no misunderstanding and ontology, and of guiding significance in the macroscopic method for reduction of the principle in the constitution of crime still has an important role in the system.
Keywords/Search Tags:The system of constitution of crime, Subjective, Objective, Social harmfulnesos, The unification of subjectivity and objectivity
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