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Criminal law is to provide crime, criminal responsibility and punishment of the law, is to master the power of the ruling class is extremely maintenance of the rule of the political class and economic interests, according to the will of their class as to what acts are criminal and should be held criminally responsible, give what the perpetrators of criminal penalties of the law. Broad and narrow criminal law Criminal Law criminal divided broadly refers to all the provisions of the Criminal Code offenses, criminal liability and punishment of the sum of legal norms, including the Penal Code, a single non-criminal law criminal law and criminal liability provisions.
- On the "crime of dangerous driving" should be aborted
Abstract: In recent years, with the major or fatal drink driving accidents caused by frequent, many people suggested the establishment of the Criminal Code dangerous driving in the crime, the Criminal Law Amendment VIII (the draft in such a context, the intention to enter a conviction for dangerous driving punishment. Based on the theoretical rese...
Post Time:Sep 5,2011 TAG:Criminal - Criminal proceedings, I see compelling witnesses to testify
Abstract: The author based on years of experience in the prosecution system work, that witnesses do not testify of our justice a major problem, forcing witnesses to testify whether the works have been in our academic and judicial debate and research focus One of the problems. there have been a number of experts and scholars have pointed out: compe...
Post Time:Aug 23,2011 TAG:Criminal - On the environmental criminal law administration of criminal legislation on the environment from the properties of the impact of net _ to write papers
Write papers network: [Paper Keywords] environmental criminal law criminal legislation affecting executive from the property [Abstract] environmental criminal law is largely administrative environment from the property legislation of criminal law specific performance. Is whether the establishment of environmental crime environment counts as the ...
Post Time:Aug 12,2011 TAG:Criminal - Criminal proceedings preliminary analysis of failures (on)
Keywords: program failure / legal consequences / litigation cost / performance evaluation / legal traditions / judicial system Summary: Criminal Procedure Act in the implementation process was widespread evasion and overhead issues. This program has become a failure of the criminal system, the biggest challenges caused by failure of the criminal...
Post Time:Jun 25,2011 TAG:Criminal - Criminal proceedings preliminary analysis of failures (the)
Keywords: program failure / legal consequences / litigation cost / performance evaluation / legal traditions / judicial system Summary: Criminal Procedure Act in the implementation process was widespread evasion and overhead issues. This program has become a failure of the criminal system, the biggest challenges caused by failure of the criminal...
Post Time:Jun 25,2011 TAG:Criminal - On a runaway horse (above) - to see the court from Xu Ting's discretion
Introduction Has caused widespread controversy Xu Ting, with the approval of the Supreme Court issued a ruling commutation of sentences and eventually settled from the Guangzhou Intermediate People's Court first guilty verdict, a new trial until after the court declared the new conviction, in the long up to four months time, many legal scholars ...
Post Time:Jun 25,2011 TAG:Criminal - On a runaway horse (below) - to see the court from Xu Ting's discretion
Third, the sentencing process Not only in the sentencing court of first instance found on the plot there is suspicion of abuse of discretion, and the entire sentencing decision making process lacks openness, transparency and defense, making the results of the final sentencing decision is not formed in the litigation process, and to become Judge ...
Post Time:Jun 25,2011 TAG:Criminal - Cooperation between the Mainland and Hong Kong legal obstacles to the rendition and Countermeasures
Keywords: judicial assistance, the Mainland, Hong Kong, the surrender of fugitives Summary: So far, China's Mainland and Hong Kong between the two have not signed any criminal judicial assistance agreement as between the two jurisdictions, there is a clear conflict of laws, judicial practice for the arrest and surrender quickly and accurately se...
Post Time:Jun 25,2011 TAG:Criminal - Between the two sides of the Strait of criminal jurisdiction on the recognition - to be sentenced based on considerations of personal interest
Keywords: cross-strait mutual legal assistance in criminal judge recognized the transfer of criminals in idem Summary: cross-strait mutual recognition of criminal justice, is to continue to expand cross-strait cooperation in criminal law ought to choose from actively protect the rights and interests of sentenced persons, mutual recognition of cr...
Post Time:Jun 25,2011 TAG:Criminal - Russia Terrorism Crime Analysis Summary
Keywords: Russia, terrorism, crime, research Summary: In recent years, Russian crime of terrorism studies at home and abroad gradually the attention of scholars. Our scholars on this issue of a late start, the results are mostly concentrated in the roots of terrorism, response measures and related legislation in Russia related research more frui...
Post Time:Jun 25,2011 TAG:Criminal - Behavioral Theory of Review and Choice - for the civil law, "class" of crime on the system as the angle
Abstract: There is a crime based on behavior of the basic form of behavior theory is necessary to the existence and importance of the need to be determined, and the behavior of the various theoretical understanding, based on the analysis, select the appropriate implementation of behavior theory to the established theory of crime them. Paper Keyw...
Post Time:May 10,2011 TAG:Criminal - For the concept of criminal behavior in the reconstruction of vision
[Abstract] behavior that is not no crime, so the act in criminal law has a fundamental role. But recalls the history of behavior theory, we can see people through the ages of the criminal law being put to the behavior of well-theory faces many challenges, whether natural behavior, the purpose of behavior, or social behavior, personality theory and...
Post Time:May 9,2011 TAG:Criminal - Objective element in the formulation of theories on the Reflections
Paper Keywords: subjective and objective elements of behavior sin Abstract: Criminal Law in an old saying: "No behavior that is no crime", see criminal behavior is the cornerstone of a theory. Criminal acts on the significance of the concept is said to be drawn from Hegel's philosophical system, behavior and objective elements of a crime terms o...
Post Time:Apr 29,2011 TAG:Criminal - Criminal Law on the Construction of the idea of automatic recovery action theory
[Abstract] automatic recovery actions are implemented after the crime, an accomplished make up the behavior of criminal negligence, is a penitential act after the crime, as have their meritorious service with the surrender value may exist, through its legislative proposals have to study. [Papers keyword] automatic recovery, concepts, legislation...
Post Time:Apr 24,2011 TAG:Criminal - German criminal law on the free exercise of the theoretical model because its reference to China
Abstract: Theory and the cause of Liberty, "the principles of behavior and responsibility exist," conflict, on the cause of Liberty The punishment debate has been there. In the theory of German criminal law scholars, there are two viewpoints in a fierce debate : the exceptional patterns and behaviors that model I will focus on the content of these...
Post Time:Apr 24,2011 TAG:Criminal - Behavior of the guilt of drunken driving evaluation of the incident - from the cause of the Theories of Liberty
Paper Keywords: drunk driving cause of the accident the free exercise of reasonable punishment for the sin of subjective Abstract: In act drunk driving accident evaluation of guilt, now both theorists and practitioners there is a big controversy. Given the current from the three main theoretical perspectives are not circumspect in behavior of th...
Post Time:Apr 21,2011 TAG:Criminal - On the huge amount of property from unidentified sources Legislative History
Abstract: With the development of economic globalization, corruption of national staff has aroused extensive attention. To combat and curb the phenomenon of setting up a huge amount of new property from unidentified sources. This paper introduces a huge amount of property of unknown origin Crime background, and its legislative history. Key words...
Post Time:Apr 20,2011 TAG:Criminal - On the presumption applies in the limit of criminal proceedings
Keywords: Rules of Criminal Procedure presumption presumption constraints Abstract: presumptive evidence law is an important rule, which proceedings for the realization of justice, improve the efficiency and solve the difficulties of proof, have an irreplaceable role. But due to some factors led to the presumption applicable in criminal proceeding...
Post Time:Apr 17,2011 TAG:Criminal - Perfect System Problems arrest
Arrested by the executive body of law in accordance with due process of law review or decision and the implementing agencies by the implementation of the law, certain penalties may be imposed against the suspect, the defendant taken, with a certain time of detention, deprived of their personal Freedom of the most severe criminal coercive measures,...
Post Time:Apr 17,2011 TAG:Criminal - On Cyber Crime Trends and Countermeasures
Paper Keywords: network Delinquency Prevention Measures Abstract: Cybercrime has been involved in most of the social phenomenon of crime, which includes almost all forms of crime. Cybercrime has become a social problem can not be ignored. Must closely monitor the trend of cyber crime and take effective measures to prevent and combat cyber crime,...
Post Time:Mar 29,2011 TAG:Criminal - On the Crime of infringement of intellectual property
Paper Keywords: Legal Protection of Intellectual Property Rights Abstract: This paper studies the protection of intellectual property rights and the significance of criminal law as the basic starting point, mainly on the major countries in the world of intellectual property protection of content and scope of criminal law and laws protecting inte...
Post Time:Mar 16,2011 TAG:Criminal - Legislation of defamation
Abstract: With economic growth, social development, the people of the community focus and enthusiasm to be reviewed, freedom of speech is difficult to avoid the phenomenon appears excessive speech, and some remarks affected the leadership of individual "achievement." Defamation because the Legislative defects, as a pretext for intervention of publ...
Post Time:Mar 8,2011 TAG:Criminal - On the reproductive rights of death row and ways
Abstract: The reproductive rights is a natural right and the right kind of personality. Condemned as a special group, the reproductive rights issue is the current hot debate judiciary. This paper analyzes the nature of reproductive rights, and argues that men and women to death should have the right to commit their ways to realize growth. Keywor...
Post Time:Mar 8,2011 TAG:Criminal - Acts of illegal practice of "Sin" and "non-crime"
To punish illegal medical practice acts, amendments to the Penal Code in 1997, an increase of Section 336 of the Illegal Practice of Medicine, referring to a doctor without obtaining professional qualifications of illegal medical practice, serious behavior. Section 336 of the Penal Code stipulates that the subject of illegal medical practice act...
Post Time:Mar 7,2011 TAG:Criminal - Tempering Justice with Mercy of criminal justice policy for building a socialist harmonious society significance
Recently, I carefully read the <<CPC Central Committee on building a socialist harmonious society decisions on major issues>> well aware of which "severely crack down on serious criminal offense" and "leniency and strict implementation of the criminal justice policy," the Times implies. Construction harmonious socialist society is the ...
Post Time:Mar 7,2011 TAG:Criminal - On the criminal law in early educational
Abstract: The criminal law is an educational function of the criminal law embodied in education, a legal characteristics. Our jurisprudence of criminal law there are five major errors educational knowledge: only moral education and religious indoctrination, there is no legal enlightenment, but no criminal enlightenment; Criminal Law function does ...
Post Time:Mar 7,2011 TAG:Criminal - Analysis procedures for the bail provisions
Bail, is the public security organs, the People's Procuratorate and the People's Court is not in custody of criminal suspects, defendants, in order to prevent their escape detection, prosecution and trial shall be ordered to pay a deposit or a guarantor, and issue a guarantee to ensure that no to avoid or prevent investigation, prosecution and tri...
Post Time:Mar 7,2011 TAG:Criminal - Criminal proceedings program simple justice and the equal emphasis on substantive justice
In terms of any judicial system, justice is fundamental. The course of justice (also known as fair proceedings, including procedural justice and substantive justice aspects. First, procedural justice (ie the process of justice, respect is reflected in the proceedings fair, that is, participants in the proceedings to full and effective participat...
Post Time:Mar 7,2011 TAG:Criminal - Analysis of the conditions of parole, probation period and survey
Parole is to be sentenced to imprisonment for life imprisonment for crimes in the implementation of a certain sentence elements, because of the performance of true repentance, no longer harm society to be a conditional early release of a system. First, the conditions of parole According to the provisions of the Criminal Code ???????, parole ap...
Post Time:Mar 7,2011 TAG:Criminal - On the identification of self-defense should pay attention to distinguish between the following limits
Treatment of self-defense case, the situation is more complex, often involving Zuiyufeizui boundaries. In trial practice, the general should pay attention to distinguish between the following limits: First, no criminal responsibility should be implemented against the behavior of people with criminal responsibility imposed by criminal elements to...
Post Time:Mar 7,2011 TAG:Criminal - Analysis boundless defense should have the condition
Criminal Diershitiao third paragraph states: "the ongoing assault, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, resulting in injury or death to criminal violations, not defensive, not current negative criminal. "This is not about specific cases when the defense had the s...
Post Time:Mar 7,2011 TAG:Criminal - Analysis conditions for commutation
Commutation, is due to be sentenced to control, criminal detention, fixed-term imprisonment or life imprisonment for criminal elements in the implementation of true repentance or performs meritorious service, and thus an appropriate system to reduce the original sentence. Reduce the original sentence has two meanings: First, the heavier the orig...
Post Time:Mar 7,2011 TAG:Criminal - Outlined the conditions for self-defense
According to the provisions of the Criminal Code Diershitiao, self-defense refers to the state, public interest, the person himself or others, property and other rights from being violated, and the implementation of criminal violations of the people to take necessary defensive behavior. Criminal law defense, the exclusion is an important crimina...
Post Time:Mar 7,2011 TAG:Criminal - Curb judicial review mechanism should be established torture
And judicial interpretation of the Criminal Procedure Law has already specifically prohibit torture, however, judicial practice, the phenomenon of torture is still repeated. I believe that research on the root causes of action system is the lack of an effective power control mechanism. In the pre-trial program there is only unilateral use of power...
Post Time:Mar 7,2011 TAG:Criminal - Program ideas to curb torture - the right to control the angle detection
Although torture is expressly prohibited by our laws, but in judicial practice is still widespread in there. I believe that the root cause of the repeated abuse of the right to the investigation could not be effectively controlled. This is mainly reflected in the following aspects: First, crime suspect, the lack of rights of the accused, can not a...
Post Time:Mar 7,2011 TAG:Criminal - On the criminal with the principle of compensation in civil cases
Criminal civil cases to the defendant's conduct constitutes a crime as a prerequisite for civil compensation cases occurred in the course of a hearing is necessary to strictly implement the <<Penal Code >>,<< Criminal Procedure>>, but also strictly enforced < <Civil Law >>,<< Civil Procedure>> in ord...
Post Time:Mar 7,2011 TAG:Criminal - On the inspection tour of Probation
Article 217 of Criminal Procedure Law provides: "Probation for offenders sentenced to prison, where the unit by the public security organ or grass-roots organizations to be looked at." Judicial interpretation and the transformation of probation, investigation, wages, seniority, and so do the specific requirement, but the specific implementation of...
Post Time:Mar 7,2011 TAG:Criminal - On the subject of criminal with civil action, filed stages, treatment
Trial practice, handling criminal with civil cases, many of the practical problems encountered, the method no clear and specific provisions, the judge is being affected by law enforcement Shiyou subjective and objective conditions, therefore, in understanding , practices are not the same situation occurred. In this paper the main far as incidental...
Post Time:Mar 7,2011 TAG:Criminal - Criminal Injuries Compensation case Principle of
Civil action in criminal cases with a certain proportion, which is a common incidental civil action of criminal damage. Such an action, it is necessary to consider the crime and adapt in accordance with the principle of determining the penalty, but also based on the facts and consequences of incidental damage to civilian compensation. Criminal Law...
Post Time:Mar 7,2011 TAG:Criminal - Defense in Criminal Procedure type
According to different standards, the defense can make the following classification. First, according to the defense of the main differences can be classified as self-defense and defense of others on behalf of the defense (A self-defense is suspect, the accused himself to defend himself. In this way has always been through the criminal proceed...
Post Time:Mar 6,2011 TAG:Criminal
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