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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.
- Constitute the crime on the social harm the status of the theory of
Abstract: At present, there are scholars in criminal law theory of social harm blamed the phenomenon, some scholars even believe that social harm should be expelled from the country's crime constitutes a theory. This is unscientific. We should be thinking of using three-dimensional dynamic the correct way to analyze the concept of crime, crime con...
Post Time:Oct 25,2010 TAG:Criminal - English and American Criminal Law Strict Liability and Its Significance
Paper Keywords: Anglo-American system of strict liability criminal law reference Abstract: The meaning of strict liability were discussed in depth, to clarify some of our Anglo-American criminal law scholars misunderstanding of strict liability regime, any proposed system meets the modern society Yan Gegui effective prevention and containment re...
Post Time:Oct 25,2010 TAG:Criminal - 1
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Post Time:Oct 21,2010 TAG:Criminal - Modified from the crime of criminal attempt to see constitution theory - On the attempt of objective and subjective
Abstract: Theory is around the world attempted Offense, in essence, there is no uniform view of issues, I take the writings of Professor Wu Zhenxing ideas to attempts to commit a summary to a brief review of the theory, test theory of the status of the elements of crimes trial to amend analysis. Paper Keywords: subjective and objective attempt E...
Post Time:Oct 21,2010 TAG:Criminal - Elements on the content from the crime defined in the theory of reconstruction of our country constitutes a crime
Abstract: With the deepening of the judicial practice of criminal law and legal theory to the theoretical study constitute a crime, the traditional theory of the crime constitutes a theoretical and judicial sectors in more and more exposed to criticism, reasons are manifold, This paper attempts to define the constituent elements of the content poi...
Post Time:Oct 21,2010 TAG:Criminal - Victims of crime from the perspective of improving the theory posed
Abstract: The formation mechanism from the criminal point of view, constitute a theory of crime victims can not do without this element, but the composition of the current theory of crime victims in the criminal has not given due status, with the continuous development of the theory of criminal victims, is urgently needed Victims of crim...
Post Time:Oct 21,2010 TAG:Criminal - Refuting the common subject of crime through that criminal responsibility on the idea of limits - on the theory of hierarchical system of crime constitutes reasonable
Abstract: the conditions under which the crime of "two or more persons" are not the only people who have criminal responsibility, the implementation of the legal interest of violations of criminal responsibility who do not have the same capacity with people who have criminal responsibility, together constitutes a common criminal. However, because ...
Post Time:Oct 21,2010 TAG:Criminal - On the "History of Qing Dynasty • Study of Law," in the statutes and understanding of the relationship
[Abstract] legal system in the Qing Dynasty, the law, case law is the most basic form. Law is "often by" long-term stable. JIT cases, can make laws inadequate. System of cases, the state compiled cases basic and regular legislative activities, is also an important national renew, improve the legal system. statutes Qing relations theory is the most...
Post Time:Oct 12,2010 TAG:Criminal - What is the bottom line of the criminal settlement
[Abstract] criminal settlement system for building a harmonious society, saving judicial resources have played a positive role. But we can not talk about harmony at the expense of the dignity of law and legal authority at the expense of the public's suspicion must be attention. The elimination of most public suspicion good way is through the law c...
Post Time:Oct 12,2010 TAG:Criminal - The Crime of Money Laundering
[Abstract] the subject of this crime is the general subject, it can be flat, but the general principles of predicate offenses so only outside the main body of natural or units. In the subjective intent must be direct. Money laundering is a double object, its main object the normal activities of the judiciary, the secondary object is the country's ...
Post Time:Oct 12,2010 TAG:Criminal - System of a minor criminal penalties
[Abstract] At present, the juvenile crime problem has caused widespread concern in society. China's current criminal penalties for juvenile delinquency system still many imperfect place, making the value of the law to play by the shackles. This paper on China criminal penalties for minor defects exist to explore the system, make sound recommendati...
Post Time:Oct 11,2010 TAG:Criminal - Life imprisonment for minor crimes and dissection
[Abstract] This paper is a minor crime, life imprisonment can be applied to the issues of the speculative type of theoretical analysis, a minor penalty system in China Construction, made a number of observations. [Key words] to life imprisonment Juvenile Crime Juvenile Justice First, the regulatory aspects of thinking Juvenile crime can appl...
Post Time:Oct 11,2010 TAG:Criminal - Criminal Reconciliation System
Bottom-up reconciliation at the grassroots level of criminal judiciary launched a judicial reform attempts, the field of criminal justice in recent years become subject to all hot issues of common concern. The so-called reconciliation, is to run the process in criminal proceedings, the perpetrators (ie the defendant or suspect) to plead guilty, co...
Post Time:Oct 9,2010 TAG:Criminal - Criminal Testimony of Rational Thinking Right
Paper Keywords: criminal proceedings, witnesses, the right of free permits Abstract: Right to Testify in Criminal criminal proceedings is an important right for citizens, is the testimony of witnesses supplementary obligations and restrictions. To give a specific right to Testify in criminal, is to prevent the tyranny of the moral law, Witness t...
Post Time:Oct 7,2010 TAG:Criminal - The value of confession and Improvement
[Abstract] history of the development of evidence, the testimony has been one of the most ancient evidence, has always taken seriously, the feudal rulers that "for given crimes, committed for the most crucial" testimony to pursue the idea first, inevitably lead to torture. After the founding of New China, the feudal still affect us more than shade...
Post Time:Oct 7,2010 TAG:Criminal - Production \ selling poisonous \ harmful food sin "toxic \ harmful non-food raw materials," the Judicial Confirmation
[Abstract] In recent years, many unscrupulous producers, operators, driven by economic interests at the expense of other people's life and health, in the production and sale of poisonous and harmful food wicked deeds, seriously endanger people's lives and health, the plot adverse consequences are serious, strong social repercussions February 28 In...
Post Time:Sep 27,2010 TAG:Criminal - Deliberative principles of criminal justice
[Abstract] consultative adversarial criminal justice is a revolutionary change in criminal justice, which emphasizes the subject of proceedings for judicial proceedings and the participants, are responsible for community cooperation and the pursuit of "common good" of the responsibility, through rational negotiation and dialogue in order to "bette...
Post Time:Sep 22,2010 TAG:Criminal - Simplify the trial of ordinary criminal cases and to solve problems
Abstract: The ordinary criminal cases simplify the implementation of the trial, of course, improve the effectiveness of the proceedings, but because of the lack of supporting systems, and understanding the bias, many practical obstacles encountered in the operation of the defendant's procedural rights and interests are often not effective entity p...
Post Time:Sep 22,2010 TAG:Criminal - Empirical analysis of the situation of Crime Victims
Abstract: A District Court in 2004 - 2007 trial of intentional injury among the first half of the seven categories of serious crime of assault and battery victims of the situation of Lee's research, systems analysis of the plight of criminal victims. Found to have the following characteristics: violence, sex crimes multiple, and personal injury ca...
Post Time:Sep 22,2010 TAG:Criminal - Diversified and specialized prosecution power
Abstract: Working with the 1978 indictment and prosecution system, the rebirth of the reconstruction, and along with the strengthening of the socialist rule of law and rendered on the basis of diversity in power continue the trend of specialization. But in practice the process of development, but also there are some drawbacks, such as the power is...
Post Time:Sep 22,2010 TAG:Criminal - Plea Bargaining System from the relevant
Abstract: The prevalence countries in the world similar to the U.S. system of plea bargaining, plea bargaining is the reason for the practice. All major countries related to the prevalence of plea bargaining system, the case for the defendant voluntarily pleaded guilty to streamline the procedure, and the entity dealt with leniently. not full of P...
Post Time:Sep 22,2010 TAG:Criminal - Play of private prosecution in criminal proceedings
Abstract: The Private Prosecution to play is the interface between public right of communication between the right to appeal and self-important system design, with unique features. At present, Germany and Taiwan, China to play in the system of private prosecution are quite different on the legislation. According to China's specific national condit...
Post Time:Sep 22,2010 TAG:Criminal - Improve the functions of the jurisdiction of the criminal
Abstract: The existing legislation governing the functions of its shortcomings, is the direct result of the functions of the main reasons for objection to the jurisdiction. The current concept is essentially the function of governing the functions of the division of jurisdiction is not about issues, but the procedure to start criminal proceedings,...
Post Time:Sep 22,2010 TAG:Criminal - Abuse of the right form of development of Public Prosecution
Abstract extraterritorial countries to break through the traditional physical abuse as a public right of judging standards, the introduction of the concept of due process to establish a diverse form of abuse of public prosecution, including prosecution of violation of speedy trial, the prosecution of violations of non bis in idem, illegal prosecut...
Post Time:Sep 22,2010 TAG:Criminal - Evidence of Non Prosecution Empirical Study
Summary: Application of Non Prosecution objects are "facts of the crime is unclear, evidence insufficient," the case, then what is true is unclear, evidence insufficient, "<People's Procuratorate, Rules of Criminal Procedure>> Although this provides four criteria for judging However, in judicial practice, or have a certain understanding o...
Post Time:Sep 22,2010 TAG:Criminal - Sentencing the full implementation of the proposed system and break the barriers
Abstract China since the end of the century in some areas in the country since the proposed system sentencing trial, made a series of positive results, but if the full implementation is still facing a "concept", "theory" and "practice" the three levels of barriers. Conceptual barriers performance of the public sector as well as part of judicial pr...
Post Time:Sep 22,2010 TAG:Criminal - Tracing the history of plea bargaining and realistic analysis
Abstract: The common law of criminal justice through the judiciary does not encourage confession, plea bargaining is widely carried out in practice and, ultimately, legitimacy status of the historical process. Adversary blur the boundaries of civil and criminal proceedings, the prevalence of plea bargaining with the adversarial system inefficient ...
Post Time:Sep 22,2010 TAG:Criminal - Conflict of interest in the investigation stage
Abstract: In the investigation authorities and the criminal suspects and victims, victim and suspect a conflict of interest between, the investigative authorities and the detection of crime suspects and the rights protection around the conflicts of interest between, is the stage in the criminal investigation major conflicts of interest, both belon...
Post Time:Sep 22,2010 TAG:Criminal - Our rules of criminal trials, the construction of cross-examination
[Abstract] cross examination originated in the common law, the United States for its models. Cross-examination of the rules are the main questions Xunwen shall not induced by the primary rules and anti-Xun Wen Xun Wen limit rules. China's current criminal procedure law and relevant judicial provides for the witness to explain inquiry system, the e...
Post Time:Sep 22,2010 TAG:Criminal - Examination of Arrest in criminal Reconciliation System
Abstract: Examination of Arrest in criminal reconciliation is necessary. But in the review stage of the implementation of the arrest of criminal reconciliation must be strictly limited scope of the case. The current lack of legal provisions of the criminal settlement, conflict is more prominent, and easily lead to abuse of power, criminal legislat...
Post Time:Sep 22,2010 TAG:Criminal - Conditional Empirical Study of the system not to prosecute
Abstract: The conditional non-prosecution system is controversial in recent years, a judicial reform initiative, the system has been incorporated into <<Criminal>> modify the scope. Prosecutorial practice at the grassroots level, based on the conditions of the pilot not to prosecute the case with situation, results, summary and analysi...
Post Time:Sep 22,2010 TAG:Criminal - Witness to weigh the value of the obligations and exceptions
Summary: The exception is the obligation of witnesses known to the case of a close relative of the situation ?? exempt obligations to be some evidence and the rights enjoyed by Concealment. Concealment in the modern development of the right to at least two laws relating to criminal law and procedure sector, this paper attempts to witness the value...
Post Time:Sep 22,2010 TAG:Criminal - Criminal appeal system
[Abstract] This paper analyzes the current work in the criminal complaint, there are some difficult problems, such as complaints unit eligibility appeals jurisdiction of appeals of protest procedures and other issues, and put forward relevant suggestions and comments. [Key words] the right to appeal the jurisdiction of the criminal complaint com...
Post Time:Sep 22,2010 TAG:Criminal - Victims in Criminal Proceedings protection of the rights
Abstract: We are happy to improve the status of the defendant, but also should be concerned about the interests of victims. In criminal proceedings, there may be victims of repeat victimization, the reason is: the national authority can not fully protect the interests of victims; victims in addition to some cases can get a little material compensa...
Post Time:Sep 22,2010 TAG:Criminal - Problems and Solutions in criminal settlement
[Abstract] because of judicial philosophy, litigation system, working mechanism and other factors, constraints encountered in the implementation of the criminal system, the concept of reconciliation of conflict, role conflict, system loss, the value of balance and other practical difficulties. In the revised <<Code of Criminal Procedure>&...
Post Time:Sep 22,2010 TAG:Criminal - To testify in bribery Research
Abstract: bribery, because there is no direct victim, is difficult to obtain from the parties on the testimony and other evidence of crime. In this regard, the judiciary in the United States and other countries investigated for criminal liability for bribery of frequent use of force and criminal evidence exemption system. However, there are mainly...
Post Time:Sep 22,2010 TAG:Criminal - Decriminalization, procedural law, the rule of law and predictability - in the center of Porn Disc Case Legal Perspective
[Abstract] In the Chinese legal system, protection of privacy is quite clear and crisp. Meanwhile, although the law for the production, reproduction, distribution, dissemination of pornography and other acts expressly prohibited, but at home, watching pornographic videos, movies such acts are not evaluated. Therefore, in the formal legal system, s...
Post Time:Sep 22,2010 TAG:Criminal - Procuratorates the right of self-restraint and external constraints
[Abstract] Ganyu County in Jiangsu Province, People's Procuratorate Anti-Corruption Bureau of forced confessions made to the supervisors to monitor the problem. The right of the prosecution's investigation there is potential for abuse, highlights the evidence in the illegal acts and The coercive measures linked to the abuse of two ways. Although t...
Post Time:Sep 22,2010 TAG:Criminal - The standard interpretation of pre-trial detention
[Abstract] the purpose of criminal proceedings based on the value of understanding differences and different cultural traditions, national standards for its definition of pre-trial detention were also different. The author of the paper issues were compared and analyzed the standard of pre-trial detention problems, and make specific improvement ide...
Post Time:Sep 22,2010 TAG:Criminal - Decriminalization, procedural law, the rule of law and predictability
[Abstract] In the Chinese legal system, protection of privacy is quite clear and crisp. Meanwhile, although the law for the production, reproduction, distribution, dissemination of pornography and other acts expressly prohibited, but at home, watching pornographic videos, movies such acts are not evaluated. Therefore, in the formal legal system, s...
Post Time:Sep 22,2010 TAG:Criminal
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