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Reflection And Countermeasure Of Overthrowing Crime

Posted on:2018-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:P DuFull Text:PDF
GTID:2346330518969624Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The causes and motivations of criminalization are all due to the needs of social development,the rapid development of society,the increase of social contradictions,the impact of the existing social relations and people's values,the face of social security situation in the social transition period,the new field Crime and the intensification of various contradictions,the criminalization of criminal legislation is necessary.However,this criminalization of legislation must be controlled,step by step and scientific democratization.We must vigorously implement the concept of governing the country according to law,strictly control the legislative process,the people guide to the rationale for legislation and then to the development of these three aspects must be scientific and reasonable,exhaustive.But in the real criminal legislation,often in a certain part of the flaws,indirectly lead to improper legislation.The purpose of this paper is to study the legislative chaos caused by improper enactment of legislation.First of all,this article directly from the nine amendments to the criminal law on the excessive increase in charges,sorting out,pointed out that the process of legislation in the existence of unscientific,unreasonable phenomenon;followed from the concept and procedural analysis led to excessive increase in charges The author also expounds the harm caused by this kind of improper legislation to the whole criminal law system,which mainly manifests the decrease of the authority of the criminal law,the imbalance of the allocation of judicial resources and the instability of the criminals after the death of a large number of criminals.Finally,The proposed increase in the number of charges is to clarify the basic principles of additional charges and to optimize the mechanism of public opinion.
Keywords/Search Tags:charges set, excessive crime, public opinion, scientific legislation
PDF Full Text Request
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