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A Study On The Combined Punishment Of Different Kinds Of Free

Posted on:2018-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:K W DuanFull Text:PDF
GTID:2346330533464002Subject:Law
Abstract/Summary:PDF Full Text Request
The different kinds of free sentences and penalties system is an indispensable part of the system of juvenile delinquency,which,together with the same kind of free tort and punishment,constitute the whole content of several crimes and is set up to solve the problem of the perpetrator in the judgment Before the verdict of the crime before the completion of the sentence before the completion of the sentence found guilty or recidivism,and were sentenced to different kinds of free criminal punishment."Article 4 of the Criminal Law Amendment(9)" for the first time on different kinds of free sentences and penalties made clear legislative provisions,but the provisions are not satisfactory,there are more or less academic deficiencies,can not reflect The reunification of retribution and utilitarianism is not the best choice for our country.In view of this,this article is not the same kind of free tort punishment problem mainly from the four major parts to start a special study.The first part: discusses the historical evolution and status quo of the different kinds of free punishment and punishment,and this article,while affirming the stipulation,objectively points out the plight of its face,such as the severity of the punishment and the shrinking function of criminal law.The second part: comprehensive combing and commentual analysis of eight kinds of criminal law theory,as well as foreign countries on different kinds of free sentences and penalties legislation.The third part: in view of the shortcomings of the existing stipulation and punishment,the author puts forward the general idea of ??perfecting and proves the rationality of the combination of the two modes of "taking +absorbing and reoccupy" and "imprisonment + penalty" With the feasibility.The fourth part: elaborated on the above two specific models before the verdict in the declaration before the completion of the sentence before thecompletion of the discovery of missing crimes,repeated new crimes and other occasions how to apply the specific problem.Based on the above,with a view to different kinds of free-term punishment and punishment of the provisions of the benefits of the benefits.
Keywords/Search Tags:different kinds of free sentences, combined punishment for several crimes, general ideas, solutions, specific application
PDF Full Text Request
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