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An Empricial Study On The Educational Function Of Loyalty And Law-abiding In Criminal Law

Posted on:2024-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q ChenFull Text:PDF
GTID:2556307133490944Subject:Law (Jurisprudence) (Criminal Law) (Professional Degree)
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There is little research on loyalty in criminal law.However,it’s of great theoretical significance and practical value to make an in-depth study of criminal law loyalty.The loyal education function of criminal law refers to the function and role of criminal law to educate the public to recognize,trust and be loyal to the criminal law norms by means of criminal law publicity and penalty implementation and by means of criminal entity punishment.The publicity of criminal law and the implementation of punishment are important aspects of educating people to abide by the law,strengthening people’s recognition and trust in criminal law,and cultivating their loyalty to criminal law.They complement each other.The loyal education function of criminal law,which takes the publicity of criminal law and the implementation of punishment as the way,and takes the criminal entity punishment as the means,has the function and role of educating the public to identify,trust and be loyal to the criminal law norms.It is characterized by the education of abiding by the law,recognition of criminal law and loyalty.Its internal logic is"publicizing-education-normative loyalty",that is,"not intimidating the public with criminal punishment to make them afraid of committing crimes,but making citizens identify with and trust the criminal law norms in the way of criminal law publicity and education and penalty implementation,thus consciously abiding by the law from the heart and unwilling to commit crimes".With this logical view as the core,this paper will discuss the specific operation of the four stages of civic education,the development of legal awareness,the identification and loyalty of derivative criminal law,and the evaluation and improvement of the effect of crime prevention.In particular,this paper focuses on the empirical study of the status quo of the faithful and law-abiding education in criminal law.From the perspective of criminal psychology and criminal causes,the six major factors of justice,kindness,honesty,self-discipline,fluke and speculation may have an impact on the actual effect of the loyal and law-abiding education of criminal law.In order to verify this assumption and conjecture,this paper starts with three common crimes(traffic accident crime,dangerous driving crime and crime of impairing safe driving)that are obviously directly related to citizens’sense of responsibility,and conducts legislative,judicial analysis and questionnaire investigation empirical analysis on the issue of loyalty and law-abiding education in criminal law.Through the integration,statistics and analysis of 1114 sample data results,it is confirmed that the factors of justice,kindness,integrity,self-discipline,fluke and speculation have had an impact on citizens’criminal law identity and loyalty at different levels and degrees.Among them,the variables of sense of justice,kindness,integrity and self-discipline are in direct proportion to citizens’loyalty to criminal law.The positive correlation of sense of justice is the strongest,followed by kindness,and the influence values of integrity and self-discipline are equal;On the contrary,the variables of fluke and speculation are inversely proportional to the criminal loyalty of citizens,and the negative impact of speculation is greater than that of fluke.Based on the specific influence coefficient of each influencing factor obtained from the empirical study,the evaluation formulas F1(loyalty individual)and F2(loyalty group)for the loyalty education function of criminal law applicable to individual citizens and social groups are respectively set,and the demonstration and test are completed.The empirical analysis shows that China’s current society as a whole has a high sense of identity and trust in the current criminal law norms,but there are still a small number of groups with low loyalty,which puts forward higher requirements for government departments and judicial workers.We can improve law-abiding education by carrying forward the culture of the rule of law in the new era,advocating goodness,self-discipline,integrity,and scientific law popularization,Strengthen the construction of law enforcement team and scientific and long-term anti-corruption to realize the efficient operation of the loyal law-abiding education function of criminal law,promote citizens to voluntarily maintain the dignity of criminal law,abide by the norms of criminal law,and enhance the trust and loyalty of the whole society in criminal law.
Keywords/Search Tags:Identification of criminal law, Loyal and law-abiding education, Empirical research, Traffic related crimes
PDF Full Text Request
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