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Research On The Degree Of Violence Criminal Law

Posted on:2018-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:D M CuiFull Text:PDF
GTID:2416330542967092Subject:Law
Abstract/Summary:PDF Full Text Request
Violence has always been the object of national criminal law,as a very important type of behavior in criminal law,violence in our country's criminal legislation and judicial practice are in an irreplaceable important position.Violence is often mandatory,coercive,and more harmful to society than other acts,and the manifestations of violence are diverse and complex,so that criminal law theory and judicial practice for the study of violence There are divergent views.At present,the study of violence in criminal law is roughly related to the analysis of a crime,but in the analysis of specific charges on the objective aspects of its research and judgments,and violence for the common,concept,connotation of the argument,so that violence and criminal law The confusion between the other similar behaviors in the concept.Criminal law theory rarely show the specific concepts,characteristics,nature and the degree of violence in the definition of violent behavior in-depth study of comparison,because the violence in the criminal behavior is not clear,the lack of judging standards,led to the criminal law In the process of applying the law,there is a phenomenon of qualitative nonuniformity,which is contrary to the principle of the crime of criminal law.Therefore,the violence in the criminal law is fully researched and understood,especially for the study of the degree of violence in criminal law It is particularly important,has important theoretical and practical value.In this paper,the use of literature research,comparative analysis of the method,first of all for the original meaning of violence and in a variety of contexts under the definition and connotation of a simple exposition,and outside the legal system of criminal law on the meaning and provisions of the interpretation of the comparison The author analyzes the violence in our country's criminal law,and makes a comprehensive study on the violence in our country's criminal law by means of the analysis and research on the violence itself in the criminal law of our country.Through the connotation and definition of the violence in the criminal law of the foreign countries and then from the aspects of criminal law,sub-rule,conviction and sentencing And the content of violence in different contexts;the violence in the national criminal law of different legal systems;the violence in the national criminal law;Third,the violence in our criminal law;Fourth,the criminal law and other similar acts of violence;Fifth,the criminal law in the degree of violence that,and finally,to rob the crime,for example,from the criminal law of the common problem of violence back to the criminal law Specific charges on the judicial practice.Based on the study of the commonality of violence in criminal law,this paper can explain the definition of the degree of violence in the criminal law on the basis of clarifying the former,with a view to the future theoretical research and judicial practice have some inspiration.
Keywords/Search Tags:Criminal law, Violence, Generality, Degree, Research
PDF Full Text Request
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