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Not guilty of the problems can be fined Controversy

Author: WangTuo
Tutor: ZhangLing
School: China University of Political Science
Course: Criminal Law
Keywords: Not guilty The punishment Risk Paradigm
CLC: D914
Type: Master's thesis
Year: 2006
Downloads: 307
Quote: 0
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Abstract

Not guilty , is the behavior implemented in the case of the wrong understanding of the behavior impossible to complete the crime . Can not afford to make the concept of self- generated date , the controversy on the issue of its penalty never stopped . China's criminal law theory Tong said that the guilty will not be regarded as a type of the crime of attempted Attempt The punishment . However, in recent years , some scholars draw with Professor Zhang Mingkai represented Japanese criminal law theory , critical view through said at the same time , advocates should not be fined not guilty isolated from the attempted guilty can be fined . However , the point of view of criticism that convincing , it is based on the Japanese criminal law can not be guilty of the theory is applicable to China 's criminal law theory behind the foundation of \think deeply about the issues . This paper is divided into introduction, this theory , I On three parts . The Introduction section consists of three parts , namely the problem of China 's criminal law theory and practice of treatment can not be guilty of the pass through said negative said and questioned negation said . Part of the theory is the core , consists of three chapters . Chapter can not commit a penalty issues comparative study . There are four . This section through civil law countries , common law countries, and China can not make the theory of comparative research , the clarity of the different provisions of the criminal law and theory of the various countries and regions can not afford to make the concept and can be fined . The second chapter not guilty according to the punishment . There are two . This section pointed out that the theory of criminal law on the civil law countries not guilty of punishment based the the subjective attempted on the objective attempted On

Not guilty of the problems can be fined Controversy

Abstract

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