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On Dangerous Offenders

Posted on:2019-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:J X LiFull Text:PDF
GTID:2436330569486676Subject:legal
Abstract/Summary:PDF Full Text Request
Since the twentieth Century,with the continuous development of industrialization and the continuous improvement of science and technology,people's lives have also been greatly improved.But at the same time,a steady stream of danger has also come into being.This danger is different from the danger faced by mankind in the past,but a danger that may cause a lot of sexual and serious consequences.Facing the impact of this new danger on social stability,the criminal law,as the most powerful way of social protection,should respond positively.Therefore,the dangerous offenders with the protection of legal interests as early as characteristics emerge as the times require.This paper,taking the concept of dangerous crime as the logical starting point of the study,systematically introduces the different doctrines of the concept of dangerous criminals by the continental law system and our criminal law theory,commenting them separately,and then putting forward the concept of the dangerous offense that I advocated,and then discussing the concept and type of the "danger" for the dangerous offender,for the following danger.The research on the classification of criminal offenders laid the necessary foundation;again,the types of dangerous criminals are interpreted.In our country,the criminal law generally divides dangerous offenders into specific dangerous offenders and abstract dangerous offenders,but their classification standards and penalties are disputed.Through the comparative analysis,it is found that the legislation of dangerous criminals in our country is constantly expanding.The expansion of criminal legislation alleviated the anxiety of people to some extent,but there are still many shortcomings in the current criminal law.Therefore,this article carries on the detailed analysis from the perspective of legislative idea and legal basis,criminal policy and social change.Then from the macro and micro perspective,two aspects of legislation for dangerous crime are put forward.Under the premise of adhering to the basic principles of the legislation of dangerous offense,we should make a reasonable orientation of the dangerous criminals in the criminal law system,add the negligent dangerous offenders,and improve the legislation of the dangerous criminals in the field of network and the environment.This paper is based on the current norms of criminal law and judicial practice,and through the systematic study of the basic theory of dangerous crimes,it will help to understand the different crimes in the system of criminal law.And combined with the social reality background,it puts forward legislative suggestions on the areas where the criminal law of our country is insufficient,such as the negligent dangerous offender and the environmental dangerous offender,and also helps the judicial practice to understand correctly the different crimes in the criminal law standard system.
Keywords/Search Tags:dangerous offense, specific dangerous offense, abstract dangerous offense, negligent perilous offense, legislative suggestions
PDF Full Text Request
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