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Criminal Justice Application Shelter Type Difficult Problems

Posted on:2016-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:X T WuFull Text:PDF
GTID:2296330482961001Subject:Law
Abstract/Summary:PDF Full Text Request
Given by the current Criminal Law of China, there are two types of shelter offering crime which are defined as offering shelter for taking drug and prostitution by Criminal Law article 354 and 359, respectively. Relatively clear and specific sentencing criterion can be found in the Criminal Law. Generally, shelter-offering drug crime refers to the behavior of providing some room or area for others to take or inject addictive drug. Furthermore, shelter-offering prostitution crime indicates providing room for prostitution or tolerating prostitution in self-managed area. On the one hand, drug taking, prostitution and other crimes have not been completely eliminated along with the development of modern social diversity, on the other hand, the frequency of the crimes has been increasing in certain aspects. Even though the criminal acts have been specified in the Law, some holes still remain to be filled. For instance, the lack of more comprehensive description of the shelter for prostitution and drug taking, criminal criterion of some special subjects, definition of direct and indirect intention, and other remained controversial issues about standards of criminal accomplishment and cooperating crime. More complicated situation comes with the increasing of those issues, which results into different opinions and sentence due to the lack specific and detailed regulation. Without a proper solution to the current circumstances, the justice and act of law would be seriously impacted.
Keywords/Search Tags:Shelter a type of crime, Shelter behavior, Indirect intent, Main problem
PDF Full Text Request
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