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The Inquiry Of The Approaches In Criminal Law To The Differentiation Of Non-victim Crime

Posted on:2012-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:J W TanFull Text:PDF
GTID:2216330338962728Subject:Law
Abstract/Summary:PDF Full Text Request
In the 1960s,American scholar firstly came up with the concept of non-victim crime.Then,Western Countries have been researched on it constantly.Especially from the end of 20 Century to nowadays,with the development of penal code in the workpeople pursue the modestly restraining spirit and freedom rights of penal code,and attach more importance to personal rights,moreover,there are protection of criminal law benefit,guarantee of human rights and the need of realistic;the discussion of non-victim crime are more and more fierce and has realistic meaning.Our theory field has made a progress on researching into non-victim crime;Many scholars start with the progress of law and the policies of criminal,and combine with the real situation of China, putting forward some significant suggestions of law;At the same time,our practice has been strengthened the legislation and practice.But,we are in a society which is continually and endlessly changeable.The social life is more diversified.In addition that china has differences between many kinds of regions,economy,cultures,notions;The behaviors of people are more easy to break the law,so it is difficult to control these behaviors reasonably.This article is based on the related theories of non-victim crime and draws a conclusion on the related various charges of non-victim crime,hoping to combine it with the form of structure,trying to built a approaches in criminal law to the differentiation of non-victim crime way that is clearer,all over and practical,understanding the related problems more clearly.The main structure of the article is made up of five parts.The first part is about the related notions,the development of history, categories and features of non-victim crime,which focus on understanding fundamental problems theoretical origins and realistic basis. The second part mainly explains and analyzes the related problems of approaches in criminal law to the differentiation,and poses the particular measures of it. The third part and the fifth part are the most important part of the article. The former is the main part of the article.It makes suggestions to the legislation of various charges under the way of the approaches in criminal law to the differentiation of non-victim crime. The forth part is the further deliberation to the two problems of Non-victim crime.As for the non-victim crime is controversial, uncertain and advanced. I hope that can throw brick to lead jade for the later theory and practice of non-victim crime's related problems.
Keywords/Search Tags:non-victim crime, approaches in criminal law to the differentiation, criminalization, decriminalization, limited criminalization
PDF Full Text Request
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