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Legal Interest Criminal Law Protects Pre-study Research

Posted on:2018-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:M DuFull Text:PDF
GTID:2356330533962972Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the risk society,advance protection of legal interest by criminal law more prominent,it is the harm caused by the behavior of the dangerous state of legal interest(dangerous state has transformed into a high probability of real harm results),criminal law is early involvement and full protect legal interest.It's protecting abstract of legal interest and expanding the scope of legal interest,and strengthen the protection of legal interest,it's comprehensive of grasping the legal interest.Advance protection of legal interest by criminal law is more prominent rapid development in the risk society,criminal law has a lot of contents about advance protection of legal interest by criminal law at home and abroad.If we use advance protection of legal interest by criminal law to protect legal interest,it will violate the principle of modesty of criminal law,and not conducive to the protection of human rights,and so on.Therefore,advance protection of legal interest by criminal law required reasonable measure of freedom,order,legal interest.We should learn risks by general characteristics and combining the actual situation of the risk society.The theory of criminal law is the foundation for it and achieve it by a reasonable basis and way.This paper is divided into three parts:The first part is the summary of advance protection of legal interest by criminal law.Firstly,introducing the background of the development of advance protection of legal interest by criminal law and it's influenced by risk society.We are facing the risk needing criminal law early intervention to protect the legal interest.Secondly,combining with the characteristics of risk society and criminal law the purpose of the criminal law and make a conclusion of advance protection of legal interest by criminal law is to protect legal interest and prevention and control of risk.Finally,summarizing the concept of advance protection of legal interest by criminal law.The second is the analysis of theory about advance protection of legal interest by criminal law.At first,introducing the domestic and foreign scholars' views about advance protection of legal interest by criminal law,there are three attitudes,such as support,intermediate,negative attitude.By analyzing the three kind of attitude we could find advance protection of legal interest by criminal law under the background of the criminal policy,could prevent and control risks and protect legal interest in the risk society.Then introducing the theory about advance protection of legal interest by criminal law,and it must complies with the result of no value and the principle of responsibility of criminal law.The third part is introducing the rode of advance protection of legal interest by criminal law.This part first introduces the basis of the rode about advance protection of legal interest by criminal law.There are domestic and foreign legislation and judicial application in China and the theory three aspects.According to the basis of theory of which consists of three parts,the first is risk and it is including technology,industrial development made some risks;the second is about dangerous,it's caused by behavior and it is a dangerous state;the third content is about of the field about advance protection of legal interest by criminal law.Then,introducing the way of the rode by potential damage offense,preparatory crime,unaccomplished crime,crime of possession,help commit crime.
Keywords/Search Tags:Advance protection of legal interest by criminal law, Risk, Results no value
PDF Full Text Request
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