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The Study On The Criminal Policy Of The Field Of Civil Aviation Crime

Posted on:2017-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:N XiaFull Text:PDF
GTID:2336330503988018Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Criminal policy is a reasonable reaction of the nation and the society to commit a crime,in order to achieve the purpose of preventing and controlling crime. In terms of civil aviation crimes, they largely orginate from a series of international criminal treaty enacted by the international civil aviation organization, referred to as International Aviation Security Conventions. As a signatory to the conventions, our country have a duty to implement the connection between Chinese criminal law and International Aviation Security Conventions.However, due to the rules and regulations of international criminal law regarding to the study of the civil aviation crimes in our country which are parallely conducted from the normative ciminal jrisprudence, it has certain limitations, and leads to all sorts of problems about the connection between Chinese criminal law and International Aviation Security Conventions in the process of criminal legislation and justice application, so it needs to be unified concept as the guidance of preventing and controlling crime. It is believed that if we take advantage of the systematic research perspectives, namely the criminal policy perspective to punish and prevent crime in the field of civil aviation, we not only can change the research methods from the parallel way to the vertical way, but also it meets the purpose of punishing and preventing crimes by the domestic criminal law or international criminal law. Criminal policy has the macroscopic, the integrity as well as the guidance, not only focusing on the interpretation of a particular provisions of the criminal law, but also paying attention to the formulation, the reason and the method of making laws. Taking the field of civil aviation crime and criminal policy as a starting point, study the international criminal policy(new social defense theory) which followed by when the international society laid down the international aviation security conventions, and then analyze the conviction policy, the penal policy and the criminal justice policy of the crimes to perfect and develop the punishment and prevention measures of civil aviation crime to provide suggestions.
Keywords/Search Tags:Crimes of the field of civil aviation, Criminal policy, Conviction policy, Penal policy, Criminal justice policy
PDF Full Text Request
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