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Effect Of Criminal Law In The Rural Society

Posted on:2018-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:L YeFull Text:PDF
GTID:2346330515990948Subject:Public Management
Abstract/Summary:PDF Full Text Request
The effectiveness of criminal law has a very positive and important role in the construction of a harmonious society under the rule of law in the rural areas of China.The effectiveness of the criminal law refers to the criminal laws and regulations to guide people should do what,what should we do in daily life,and if someone's behavior is not consistent with the criminal laws and regulations,may be related to the Justice Department's responsibility,such as the loss of personal freedom or confiscation of property.This set of legal procedures in the community to run the state of good or bad,is the actual effect of criminal law,which is reflected in the real life of the effect.People in love to see things not directly grab,not directly to steal,to see the rapist was sentenced the news will be applauded,this is the most intuitive reflect the effectiveness of criminal law.The lack of criminal legal effect will lead to civil disputes easily rise to criminal,criminal private universal,villagers letter visit and do not believe the "law" and a series of problems,and these problems will lead to social stability,is not conducive to social harmony and stability.At present,China is still in the primary stage of socialism,the development for the purpose of promoting the construction of modernization,the subtle changes in the international situation,we should seize the important strategic opportunities,Yong forefront,maintain a stable economic development situation is grim,Time will not wait for me.Because of the special period,the criminal reconciliation system came into being,it is a new type of rapid processing mechanism of the minor criminal cases,with leniency policy situation,can not only ensure the effect,also can save a lot of judicial resources,the historic significance of the role and status.And the effectiveness of criminal law in the rural areas of China's rural areas is particularly evident and profound.The author of the "local society" is not holding pride,but objective and fair,not currently stand accused in the past,more not to stand in the city view some traditional phenomenon area known as the "local society",but the "local society" as an objective concept analysis the main emphasis,a traditional inherent law of life.Land is the fundamental basis of feudal society Chinese farmers survival,economic sources,living in the land,work on the land,from generation to generation,life and growth in nature developed traffic environment,and become an important communication network of blood relatives in rural society.The family is the center,is a small country,family is a family of derivative and growth,is a concentration of social activities,the same ordifferent cases,because the land is geographical presence,will develop into a family.As for the dependence of the evolution of Land Geography,consanguinity and affinity of breeding,will form a huge network between villages,constitute the basic structure to maintain the order of traditional rural society.People's consciousness is the inner perception and conviction that people have in the face of the external environment.This kind of conviction should be based on the subjective feeling of something tangible.Because people have different understanding of the law,the concept of social development is different,and formed a different legal point of view.Therefore,people must strengthen the legal theory of the master,self repair method,improve the legal awareness,especially in the low education level in the rural areas,is the rural society,social conflicts,but should strive to overcome,important to some degree of social science than the importance of natural science to many.Educational institutions in the process of dissemination and release method,should grasp the scientific method.Only setting up the judicial authority,the criminal reconciliation can play the role of "a fundamental solution",the social public to the reconciliation system is not confined to civil mediation and private,not just between the two private contracts,a profit but accepted in the field of criminal procedure by the national public power to private criminal lever a behavior is the protection and supervision by the national force.Have a professional judges and mediation team to guide and use the right of criminal reconciliation,and the former rural private self comparison,there will be significant scientific progress,more perfect,more in line with the modern criminal justice,fairness and openness of the judicial idea.We can from the observance and implementation of laws and legal practice,the actual effect of identity and public value cost aspects of legal measure,and in the rural society,the lack of effectiveness of criminal law is mainly reflected in the lack of legal identity and legal use of the higher the value of internal logic relationship between the two aspects in this paper the effectiveness of criminal law and order in the countryside as the starting point,combined with the actual case,to research on the criminal law effect of multi effects on our country's local order,and from the traditional society China the essential characteristics of "rural" and the rule of law "rational" characteristic of the two conflict,the first of China "local society" were discussed,and the comparison of Chinese and Western;followed by a series of problems brought by the lack of effective rural criminal law as an example,analysis of the criminal law science To some traditional thought and deal with the problem of regulations and local society inherentdifference;in addition to the perspective of judicial practice,in-depth demonstration effectively solve the positive significance of criminal legal effectiveness loss,and puts forward some solutions and ideas for reference.
Keywords/Search Tags:Rural Society, Effect of Law, Deficiency
PDF Full Text Request
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