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Study On The Expansion Of Criminal Circle From The Perspective Of Criminal Law Amendment

Posted on:2019-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z ChengFull Text:PDF
GTID:2416330548953988Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
China's criminal law has had ten amendments to the criminal law so far since it was promulgated in 1979.Although after a short period of 20 years since 1997,it can be seen that China's criminal law changes frequently.The frequent modification of criminal law must have its reasons,but excessive modification can have a certain negative effect on the development of society.Based on the change of criminal law amendment in recent years,this paper analyzes the expansion of criminal circle,which is divided into five parts:The first part introduces the concept and approach of criminal circle expansion.What is the focus of this part is the crime ring and the expansion of the criminal circle.This paper analyzes the concept of criminal circle and its different understanding,and it is widely believed that criminal circle is the boundary or scope of criminal law.In addition,the author analyzes the specific ways of the expansion of criminal circle,and can expand the criminal circle by means of crime setting,description of crime,and early intervention of criminal law.Changes in the second part of the Chinese criminal law amendment,to modify and set respectively from crime,the description of the indictment,the change of object of crime,crime etc.Do the concrete analysis,increase or decrease of the results of which,the main characteristics of change of crime is a criminal law amendment.In the provisions of each amendment,it is essential to start with the crime,add some new crimes,delete some outdated crimes,or make appropriate changes to the extension of the crime;The second is that the description of the crime has changed.Some have been supplemented by crime,others have been cut.This is mainly reflected in the changes in the subject of crime,crime,object of crime,result of crime and means of crime.It can be seen from the characteristics of the amendment of criminal law that the criminal circle in China is expanding.First of all,the change of partial help behavior is the prominent feature in the amendment of criminal law.To help make this is a form of an accomplice,if as an accomplice,help make a lighter punishment,but when help make after upgraded to perpetrators,the penalty will gain weight,which embodies help the behavior of the criminal law punishment was intensified.The help of certain crimes plays a key role in the criminal process,and their social harmfulness is quite serious.In order to regulate this behavior,the criminal law is also worth affirming to help the behavior.Secondly,the increase of abstract dangerous crime is also a bright spot in the amendment of criminal law.The penalty of abstract dangerous crime is to preface the protection of criminal law and enlarge the scope of the restriction of the criminal law,thus extending the penalty scope of criminal law.The third part introduces the reasons for the expansion of criminal circle.First,the legislative background,the need of social development is the direct cause of the expansion of criminal circle;Second,the legislative guidance of criminal policy has indirect influence on the expansion of criminal circle.From the criminal policy of strict punishment to the criminal policy of leniency,we can publish the change of our country's legislation.The third reason is that the defects of the criminal code itself are the internal reasons for the expansion of the criminal circle.This part carries on the analysis from the above three aspects,from the theory and the practice carries on the discussion,obtains our country crime circle's expansion is the inevitable choice.The fourth part mainly discusses the reflection of the expansion of criminal circle.The positive effect and negative influence of the expansion of criminal circle are analyzed.On the one hand,the expansion of criminal circle is conducive to overcoming the deficiencies of the law itself,which is conducive to the adaptation of the needs of social development,and is conducive to the improvement of the structure of criminal law.On the other hand,the expansion of criminal circle is contrary to the modesty principle of criminal law,which is not in accordance with the prudent nature of criminal law.If the frequency of criminal law is changed highly,it will lead to the liability of the criminal law,and the criminal law is overextended.There are more norms of criminal law,which not only restrict people's freedom,but also reduce the benefit of criminal law.People's dependence on criminal law is enhanced,and the sense of awe falls.The fifth part is the suggestion to restrict the trend of the expansion of crime circle in China.The criminal circle should not expand without limit,but should abide by the essential principle of criminal law,and strengthen the application of negative provisions in criminal law.At the same time,strengthen the cohesion and connection with other department law,criminal law play to the role of the other department,assist in the criminal law to solve the problems in the society,pay attention to science,in the legislative process,legislative,and perfect the legal system of our country.
Keywords/Search Tags:amendment of criminal law, crime circle, principle of legality, the modesty principle of criminal law
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