A Comparative Study On The Cause Of Justification In Criminal Law Between China And Laos

The reason for justification refers to the exclusion of criminal responsibility in the criminal law.Regarding the exploration of justification reasons,both the civil law system and the common law system have presented various academic perspectives,but Chinese and Lao scholars have rarely set foot in it,and many viewpoints have great differences in theory.Among them,the greater inclusiveness determines that the theoretical foundation of justification should lie in the equalities of society and the principle of legalization which uses to against the crime and to punish also go hand in hand.The cause of justification is very important in each criminal trial to ensure the accuracy of the facts,so the Criminal Law confirms those causes.Accessing to those causes must be conditional as required by law,both Criminal Law of China and Laos also define the cause of justification which we can call "Justification defenses".This thesis refers to the justification defenses which indicate to the comparison between two countries’ Criminal Law that relates to the details of the conditions,the differences and the similarities,and another criminal provisions of China and Laos.The main purpose of studying this thesis is to study the relevant theories of the two countries and bring them together by comparing the advantages and disadvantages,the differences and the similarities,as well as the rights to access the cause of justification of two countries.Studying the relevant theories of two countries which related to this topic is an important way to bring the contents to be consisted together to make this thesis perfected and accorded to the law.So,the questions that I chose to research for the cause of justification in Criminal Law and how to practice the cause of justification in criminal trial.In conclusion,this thesis will be important to the relevant law officials of both countries,especially to the lawyers,the investigators,the prosecutors and the judges of two countries,to know when there is any case occurred must consider the cause of justification before decide to proceed as the law provided,such as,punish to the offender or release the offender who meets the conditions of legal defense.At the same time,in view of the close relationship between justification and the elements of crime,the justification should be included in the elements of crime,and it should be examined together with the objective elements in order to achieve procedural and substantive justice.In fact,even Chinese Criminal Law or Lao Criminal Law also has its provisions for legal defense which limited to the criminal responsibility.Both also provides the rights to the criminal suspect,the accused person,or the defendant,or the offender.