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Study On Selective Accusation Of Crime Number

Posted on:2016-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2296330470463823Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The crime is a kind of special charges, occupies an important position in China’s charge system. However, the legislation of our country of selective accusations made clear, coupled with the lack of research on the theory of criminal law, in judicial practice is not uniform on crime, especially crimes judgment. This paper attempts to comment on the charges of the crime on the basis of the selectivity of mathematics ", through the method of comparison, summed up the present law coincidence is selective accusation of crime number judgment standard. The coincidence of law refers to the act of infringement of legal interests is coincidence.The behavior of the implementation of a number of acts of selective accusations,violations of legal interests is coincidence, only constitute a crime; on the other hand,constitutes a crime. The coincidence of interests to carry out comprehensive evaluation principle and the principle of prohibiting repeatable evaluation, and operable. The selectivity of the unified judicial practice. It is important to determine the number of crimes. The article mainly includes three parts, as follows:The first part and the second part is the summary and analysis of China’s criminal law on crimes that selective mathematical induction in the world. There are three main types of criminal law educational world about selective charges mathematical theory: a crime, crime, said that the compromise said. Among them,according to different standards, the compromise that can form three kinds of viewpoints: first, take the case whether they are in the same case as the standard;second, in compliance with the principle of suiting punishment to crime as a standard; third, between the number of behavior to the behavior of the implementation of the existence of internal relations as the standard. This paper advocates eclecticism, but the coincidence of the criteria for the classification of legal interest infringement behavior, whether the law is coincidence is acts constitute a crime or several crimes constitute the judgment standard.The third part is the core of this article, in the analysis of the judgment of the quantity of crime on the basis of the standard theory is presented in this paper thatthe selective charges new scientific crime judgment standard, namely legal interests overlap judgment standard, and to demonstrate the new standard of crime quantity,clear law coincidence should meet the conditions, finally, the specific criteria applied to the crime in crime judgment, sums up the behavior of the implementation of the alternative charges acts constitute a crime and the number of cases.
Keywords/Search Tags:selective charge, determine the number of crime, legal interest coincidence
PDF Full Text Request
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