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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.
- Looking forward to the possibility of function: expansion or contraction
Key words: looking forward to the possibility / the principle of legality / intentional / negligent Summary: Theory, also known as look forward to looking forward to the possibility does not exist in nature, refers to the actors the occasion to commit a crime under the specific conditions in the behavior of the lack of expected him to crimes oth...
Post Time:Nov 10,2010 TAG:Criminal - Execution interface mechanism: three kinds of problems to be cracked
Mechanism between the Department of Corrections "administrative enforcement and criminal justice mechanism between the" short, mainly referring to industry and commerce, taxation, tobacco, customs, quality supervision and other administrative investigation by law enforcement agencies in the process of administrative violations, suspected violation...
Post Time:Nov 10,2010 TAG:Criminal - On the line between property crime and a competing
Keywords: property crime, boundaries, competing, Theft Summary: The distinction between theft and the use of non-punishment of theft, is not whether there is intent to return, but whether the use of other people's property constitutes a serious possibility of prejudice, theft, fraud and embezzlement is the key distinction between possession of a...
Post Time:Nov 10,2010 TAG:Criminal - Several procedural reform on the sentencing issue
From October 1 this year onwards, by the Supreme People's Procuratorate, the Ministry of Public Security, Ministry of State Security, Ministry of Justice jointly issued a <"On the specification views on Problems of Sentencing>" (hereinafter referred to as <<view>> will be implemented throughout the country. This is the developmen...
Post Time:Nov 10,2010 TAG:Criminal - Exclusionary Rule of Criminal
Keywords: criminal illegal evidence, exclusionary rule Summary: criminal evidence is the basis for criminal proceedings, the soul of the criminal proceedings. Criminal illegal evidence exclusion rule as one of the important rules of criminal evidence in criminal proceedings activity, play a very important role. It is from the date of production ...
Post Time:Nov 10,2010 TAG:Criminal - On the behavior of Anglo-American concept of criminal law - on the third behavior patterns
Keywords: acts as holding Abstract: This paper aims to analyze and comment on the behavior of Anglo-American concept of criminal law. Anglo-American concept of criminal law in the chaotic behavior, for two reasons, first, the words express the chaotic behavior concepts, the second is composed of behavior and crime relationship is more complex. B...
Post Time:Nov 10,2010 TAG:Criminal - Risk of social malfeasance urgent need for legislative support for crime control
Risk is increasingly becoming a modern society the main features. As in a period of rapid development and social transformation in the large country, China faces the risk management task more difficult, to use legal means to control the modern society, the risk is particularly important. Prosecution against malfeasance work For the punishment of m...
Post Time:Nov 10,2010 TAG:Criminal - Strengthen legal supervision of Community Corrections shallow thinking
The legal community correction supervision, according to the prosecution to perform supervisory duties to enforce the law the penalty an important part of the prosecution is also involved in the comprehensive management of social security is an important task. But the present situation, the prosecution of legal supervision of Community Corrections...
Post Time:Nov 10,2010 TAG:Criminal - Pingxiang Court on the generation of migrant workers research report crime
January 31, 2010, the State Council issued the first document for the first time the central use of the "new generation of migrant workers" was. "New generation of migrant workers" refers to those born after 1980, Migrant Workers, there are about 1 million people. These "new generation of migrant workers" are gradually grown into the backbone of a...
Post Time:Nov 10,2010 TAG:Criminal - Analysis of the crime of destruction of production and management
Key words: damage production and operation of production and business purposes Crimes Act benefits Abstract: Damage production and protection of legal interests of the Crime of the normal order of production and operation is not, but the economic benefits of production and management. The behavior of the object is the production of crime managem...
Post Time:Nov 10,2010 TAG:Criminal - The use of force Crime of Bribery
Key words: the use of the influence of accepting bribes, the principal crime, influence, objective behavior, improper interests Abstract: Using the impact of taking bribes is <<the Criminal Law Amendment (g>> a new Article XIII of crime, criminal law scholars in his Elements of the many problems in dispute. For the crime among the ne...
Post Time:Nov 10,2010 TAG:Criminal - Germany and Japan to explore thought patterns of crime on the system
Keywords: Crime on the system / thinking / Category of System / purpose of system Summary: Construction of the System of any crime requires a certain mode of thinking as its strong point. At present, German and Japanese criminal law scholars generally agreed that the purpose should be based on a reasonable construction of the criminal system, an...
Post Time:Nov 10,2010 TAG:Criminal - The context of new media libel identified
Keywords: new media features judicial determination of libel Summary: New Media as a modern communication system, an integral part in the information dissemination process of information dissemination with the spontaneity and breadth of digital information platform and diversity, and continuous exchange of information and freedom of equality of ...
Post Time:Nov 10,2010 TAG:Criminal - SCIENCE AND LAW "beating another," Discrimination
Key words: random assault, damage, disturb the crime, the crime of affray Summary: The act of beating another person regardless of whether there is a clear infringement of goals, whether accidental, whether occurring in public places, whether the perpetrator causes things related trouble could constitute the crime, if there is a clear infringeme...
Post Time:Nov 10,2010 TAG:Criminal - Incitement to murder, the death penalty in cases of application of
Key words: incitement to murder cases, the death penalty for common criminal offenses Employment Summary: The case of incitement to murder, the death penalty for cases of incitement to murder, need to make a detailed analysis of different types. In pure incitement to murder cases, employers in general set up of intentional homicide of the instig...
Post Time:Nov 10,2010 TAG:Criminal - Criminal law provisions in the note the distinction between legal fiction
Keywords: Note provides legal fiction, the distinction between Summary: Note that the original requirement was to meet the basic provisions of the act, suggesting that the basic provisions of the land in accordance with the provisions of regulations, the content does not change the basic requirements, it is equivalent to the path of the guidelin...
Post Time:Nov 10,2010 TAG:Criminal - Crime and Treatment of suspension behavior
Twenty-four of the Criminal Code provides: "In the criminal process, to give up crime or voluntarily and effectively prevent the consequences of the crime is a crime occurring suspended. Committed for the suspension, without causing damage, they shall be exempted from punishment, harm, should be mitigated punishment. "It provides the concept of cr...
Post Time:Nov 10,2010 TAG:Criminal - Germany, Japan and China constitute a crime on the system of internal conflict in Criminal Law
Keywords: Germany, Japan, crime, criminal law norms constitute a conflict of system Summary: Theory constitute a crime must first constitute a crime as far as possible with the norms of consistency. If a criminal system and norms constitute a crime difficult to overcome the contradiction between the existence of the conflict, even a perfect theo...
Post Time:Nov 10,2010 TAG:Criminal - State-owned holding, joint-stock companies in the identification of national staff
In the process of restructuring state-owned enterprises in China, there has been state-owned holding, shares of the company. State-owned holding, joint-stock companies shares mixed as the subject of various equity property, the state-owned holding, joint-stock companies judicial determination of national staff has become the face of judicial pract...
Post Time:Nov 10,2010 TAG:Criminal - French criminal legislation Organized Crime Analysis
Keywords: organized crime criminal criminal legislation in France Summary: to punish the French government organized crime Zhenshe done a lot of reserves in the legislation, not only from the substantive law and procedural law but also from a comprehensive system of prevention. On organized crime, not only provides a basis for punishment, but al...
Post Time:Nov 10,2010 TAG:Criminal - Of the Criminal Law Amendment (h) (draft) a few points
Criminal Code Amendment (eight (August 23 draft was submitted to the NPC Standing Committee, a total of 47 of the draft for the new criminal code enacted in 1997 the largest ever since the Criminal Law Amendment. Much of the content of the draft is worth further study. Now, the legislature has the full draft to the public for comments. This specia...
Post Time:Nov 10,2010 TAG:Criminal - The level of criminal behavior and characteristics in the Analysis
What is the crime in the end, should be subject to punishment of the act or the perpetrator in the criminal law theory, there is a behaviorist doctrine of confrontation with the perpetrator. For a long time, behavior on the stand is divided into two directions: first, indicating the presence of major , the fact that the concept of sexual behavior ...
Post Time:Nov 10,2010 TAG:Criminal - Evidence from the International Commercial Arbitration, the general characteristics of the system to see the evidence of International Arbitration System
[Abstract] Evidence in International Commercial Arbitration Commercial Arbitration in the system as one of the core, not only contains a rich and complex theory, in practice there is a big operation is also controversial. Only from the perspective of Evidence Evidence of Commercial Arbitration content of the norms themselves is not enough, from th...
Post Time:Nov 8,2010 TAG:Criminal - Hearsay rule theory and application
First, the theory of hearsay rule hearsay rule in the Anglo-American law of evidence an ancient, important basic rules of origin in the United Kingdom, together with the jury system is considered to be Britain's most important feature of evidence law. It produces on the premise that the development of the jury system (from both members of the jury...
Post Time:Nov 8,2010 TAG:Criminal - Procedural justice and identification of criminal proceedings the right start
[Abstract] starting right identification proof is essentially a right, not quasi-judicial power. In our criminal procedure, the identification of the configuration of power to initiate the prosecution with unidirectional oriented features, contrary to the due process concept, weakened the party proof right, and civil law, "Identification of right ...
Post Time:Nov 8,2010 TAG:Criminal - Distinction between statements of victims and witnesses of
On System Difference between Victim Statement and Witness Oral Testimony [Abstract] statements and testimony of witnesses, victims are all witnesses, very close relationship between the two, in the Criminal Procedure Law also has a number of common institutional arrangements, there are also significant differences in the system. Victim witness w...
Post Time:Nov 8,2010 TAG:Criminal - Constitute a system of crime and the burden of proof in criminal proceedings
[Abstract] constitute a system of criminal law on the theory of crime, including criminal elements and eliminate crime, the subject body, the former found to provide basic substantive law of crime based on which security features that appear to meet the criminal act of legitimacy, but is not recognized as a crime . and the interests of the main pr...
Post Time:Nov 8,2010 TAG:Criminal - Encouragement of illegal evidence of ability to study the evidence
[Abstract] for the Encouragement, the "opportunity to lure" the investigation because of evidence of this behavior is legal, so the available evidence as to legal, court decision can be used as the basis; but "they conspired to lure" acts as an illegal investigation Once established, it should be excluded from the evidence received by the entire c...
Post Time:Nov 8,2010 TAG:Criminal - Juvenile New Study Criminal Policy
Paper Abstract: This paper describes the criminal foreign policy of juvenile delinquency, based on the enrichment and development of juvenile delinquency in China's criminal policy of rational thinking and some suggestions that the juvenile criminal policy to attach importance to the establishment of new work systems and mechanisms to better prote...
Post Time:Nov 5,2010 TAG:Criminal - On the public hearing death penalty cases of second instance
First, the death penalty wrong case highlights the need for a public trial of second instance In recent years, a number of media reports around the country since the death penalty injustices, some of which even the innocent should be identified, was sentenced to death. The death penalty wrong case, exposing the criminal proceedings at this stage...
Post Time:Nov 5,2010 TAG:Criminal - Rules on Issues of Criminal Evidence
Abstract: At present, the perfect system of rules of criminal evidence is imperative. For the protection of due process, rules of criminal evidence system should be to standardize the rules of evidence as the backbone capacity to adjust the parties as the main target, and pay attention to the rules of evidence and procedural rules matching set. ...
Post Time:Oct 29,2010 TAG:Criminal - If the thousands of criminal rules of evidence Reflections
Abstract: China has not yet established a complete, scientific, systematic rules of evidence in criminal proceedings, the current broad-brush rules of evidence is difficult to prove that the judiciary should play a guiding activities, adjust and standardize the effect. This. First of all the main rules of evidence should be clear norm rather than ...
Post Time:Oct 29,2010 TAG:Criminal - Types of Criminal Evidence
[Abstract] rules of criminal evidence used to guide the judiciary in criminal standard of proof, it is for the judiciary in criminal proceedings in the case recognized the right to achieve justice have an important role can not be ignored. And the type of criminal rules of evidence in favor of judicial officers from different perspectives to under...
Post Time:Oct 29,2010 TAG:Criminal - On the dialogue of the Criminal Investigation and Evidence collected evidence in the case of the guidance and improve the criminal proceedings on the System of rules of evidence
Paper Keywords: Criminal Evidence EASTERN evidence collection Abstract: Evidence is the core issue of litigation, all litigation activities are actually around the collection and use of the evidence. EASTERN handling process, in fact, is a collection of evidence according to the process of criminal facts, the case can do iron stand the test of h...
Post Time:Oct 28,2010 TAG:Criminal - Criminal Evidence Rules of the United States Reference in China
Abstract: The evidence in criminal proceedings system is an important legal system. Forensics, evidence, cross examination and certification is a trial basis. China's current Criminal Evidence legislation still much to be desired. Learn the advanced experience of the United States and systems to establish the principle of direct language , the pri...
Post Time:Oct 28,2010 TAG:Criminal - Rules of Criminal Evidence in China: Current Situation and Reflections
Paper Keywords: Criminal Procedure Rules of Evidence System Construction Abstract: Yoga in the traditional litigation theories and concepts, through the Criminal Procedure Law does not and can not prove that the rules of evidence in criminal activities be strictly limited, but the existing Code of Criminal Procedure and the relevant judicial int...
Post Time:Oct 27,2010 TAG:Criminal - On the Rules of Criminal Evidence
Paper Keywords: system of rules of evidence of criminal evidence rules Abstract: This article of the criminal rules of evidence are briefly analyzed and discussed, that system of rules of the establishment of the Evidence is not worth too hasty and should be gradual. First, China has not yet establish a sound system of evidence rules of litiga...
Post Time:Oct 26,2010 TAG:Criminal - Development of the Constitution of the Western Explorations Crime - Criminal Law for the track Thought Evolution
Paper Keywords: criminal law agencies are responsible for Shu behavioral theories of the type that gl Abstract: crime constitution theory first appeared in the 13th century, the theory of classical school of criminal constitute a crime to provide a profound theoretical basis, the late period of the classical school, the official formation of con...
Post Time:Oct 26,2010 TAG:Criminal - On the procedural rules of criminal evidence rules and the matching set
Paper Keywords: criminal evidence rules, procedural rules, matching set Abstract: Criminal Evidence separate legislation in line with the reality of justice. Establish the rules of criminal evidence rules should be the interface between attention and action, so that evidence of a corresponding legislation for the protection of the litigation sys...
Post Time:Oct 25,2010 TAG:Criminal - Public security organs in the Crime in Eight Problems
Paper Keywords: Crime of the public security organ problems constitute a theory of social harm of crime Abstract: At present, the public security organs in some of the problems existing in the Crime, the right to take a firm hold of crime identified the general characteristics of crime and a crime of specific composition, adhere to the concrete ...
Post Time:Oct 25,2010 TAG:Criminal
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