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Research On The Definiteness Of The Principle Of Legality For A Crime

Posted on:2020-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y GuFull Text:PDF
GTID:2416330590494878Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Criminal jurisprudence is a famous theory,which is directly related to justice,freedom and democracy.Studying criminal jurisprudence is not only for the sake of livelihood of the people,but also for the ideal of legal governance.With the development of society and the increasing abstraction of law,the clarity of statutory punishment to crime has undoubtedly become the key point and difficulty of criminal law interpretation and legislation.The abstraction of law,the complexity of objects and the inevitable ambiguity of language make the interpretation of charges in Criminal Code difficult and different.Based on this,modern criminal law undoubtedly puts higher requirements for the principle of statutory punishment to crime,and increasingly strict requirements for its clarity.According to the research of the clarity of statutory punishment to crime principle which involves the difficult problem of law,the standard of justice and the possibility of achievement,also involves the study of law hermeneutics.Whether the law is legitimate,fair and clear or not is the first criterion of judgment.If not,the method to prove it through hermeneutics also needs to be mastered in the study of law.Therefore,for the clarity research issues of the statutory punishment to crime,the reality is the analysis and summary of the law hermeneutics' research and demonstration.Firstly,by combing the clarity principle,clarifying the concept connotation and historical origin,then deeply studying its theoretical basis and principle rank,this essay gradually broadens to the discussion of the value demands of the clarity principle,and explains its applicable concept in the world.Secondly,it focuses on the concrete manifestation of the clarity principle in our criminal law.That is to say,the norms of statute text as the carrier of statute content can achieve the effect of accuracy,conciseness and maximum avoidance of misunderstanding in language expression.Through the analysis of the terms of criminal law.It summarizes the completeness of legislation clarity,and then expands and discusses the clarity principle's complements of precedents and doctrines.Thirdly,on the basis of the study of the criminal law text,we can get a glimpse of the domestic practice,that is,the academic research results stipulation to clarity,the achievement to clarity by the realization of legislation.Whether the specific judicial practice can accurately understand the statute,and whether there is the possibility of factitious evasion to the law and the node of evasion that often happen.Finally,on the basis of theoretical research and practical investigation,we can find a series of ways to achieve the clarity principle of criminal law as far aspossible,like clarifying criminal legislation,popularizing guidance cases,and constructing unconstitutional review system and a series of methods.However,there is no absolute thing.Language can only describe the state of things to the greatest extent.In the Criminal Code,the law must have the aid of language and form of texts to form the normative documents.For this,what we can do is to find the most accurate expression and most normative doctrines and precedents to supplement it.
Keywords/Search Tags:the principle of legality for a crime, principle of definiteness, value appeal, implementation
PDF Full Text Request
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