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On The General Conviction Plot

Posted on:2022-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LuFull Text:PDF
GTID:2506306323490164Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The previous definition of "circumstance crime" in criminal law is based on the fallacy of improper understanding of the essence of "circumstance" in criminal law,leading to the true connotation of "serious circumstances" and "bad circumstances" used for conviction and its application in judicial practice.The actual utility of the system also urgently needs to be corrected.Despite the lack of a clear definition of criminal law,the legislative status quo and judicial application frequency of general convictions can still demonstrate its significance,and the actual needs are constantly calling for the formation of solid theories.From a relatively partial research perspective,a systematic study of the general convictions in the criminal law will not only form a deeper theoretical understanding,but also help to correctly understand and apply related crimes.Based on the understanding of the correct internal logical relationship between the general conviction scenario and the broadest "circumstance" and the boundary between it and similar concepts,the general conviction scenario refers to the "serious circumstances" which is expressly stipulated by the Criminal Law as a condition for conviction."And "the plot is bad" and other approximate expressions that play the same role.The systematic integration,induction and analysis of the crimes that contain general conviction scenarios in the Criminal Law and related judicial interpretations can form a typified understanding of general conviction scenarios.Theoretical disputes,legislation,and judicial issues will also follow.The manifestation.As a result of the legislator’s active choice based on the natural flaws of the law and the reality of the crime,a general conviction is indeed necessary in the current criminal justice context.The high-level generalization of the legislation puts forward higher requirements for the judiciary.However,at this stage,the judicial interpretations of the general convictions are blank.The existing judicial interpretations also have problems such as improper document format and subject misplacement,which seriously hinder the spirit of statutory crimes and punishments.The play and the implementation of the principle of clarity.In addition,the irregularities in the legislation of the general conviction circumstances and the numerous disputes faced by theories have brought a negative impact on the application of charges that include the general conviction circumstances.Only a clear and general theoretical positioning of the conviction plot can help to understand its due judicial effectiveness.With the help of supplementing legislative interpretation and standardizing judicial interpretation,we can better guide judicial practice to correctly apply "serious circumstances" and "bad circumstances",so that the legislation on general convictions tends to be standardized,and judicial application can also highlight the spirit of principle of a legally prescribed punishment for a specified crime.
Keywords/Search Tags:Serious circumstances, bad circumstances, general conviction circumstances, legislative status, judicial confirmation
PDF Full Text Request
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