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The Advocation Of Handlungsunwer

Posted on:2014-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChengFull Text:PDF
GTID:2296330398961330Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the realm of the nature of violating law, the basic question is the choice between Handlungsunwer basing on normsreviewing and Erfolgsunwert whose fundamental theory is judgmentoflegalinterset.Meanwhile,it also has indespensible meaning to the whole criminal theory system and act as the key of the theory.This article starts from the origin of these two theories,then not only analyses the connotation and pratical meaning of them but also reveal the defects of Erfolgsunwert that the indefinite theoretical foundation,the enhancer of autocracy of legislator.On absorbing and resisting the merits and drawbacks of traditional Handlungsunwer, the dual Handlungsunwer starts to show on the stage.The performance of Handlungsunwer is also evaluted in the article.
Keywords/Search Tags:Handlungsunwer, Erfolgsunwert, nature of violating law
PDF Full Text Request
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