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The Legal Cultural Obstacles of Modernization of China’s Criminal Law and Their Settlement

Author: DongJin
Tutor: LiRenFu
School: Jilin University
Course: Criminal Law
Keywords: Criminal Law modernization Civil Society Idea of ​​criminal steering
CLC: D924
Type: Master's thesis
Year: 2006
Downloads: 92
Quote: 0
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Abstract


This method of article is crisscross. Facing the trend of modernization, different scholars study the project from several of academic background. The author will focus on the criminal law modernization; use the legal culture for research method to re-construct the value of criminal law modernization. There are four parts as following:This first part is to analyze the concept of criminal law modernization and legal culture. The first step is to verify the goal of criminal law modernization from the perspective of legal culture. As the author say, we must establish an organic relation between two conception to think that what’s the status and function of culture in the process of criminal law modernization, emphasize on the traditional legal culture’s meaning in the modernization, and analyze the criminal law modernization with the method of legal culture to re-think the humanity. So, we can combine the subject of modernization, the aim of value and the legal culture together. The second step is to analyze the rationality of study the criminal law with the method of legal culture. We must prove that the element of criminal law is fit to the method of legal culture. From the characteristic of criminal law, the research is rational. The third step is to clarify the concept of legal culture, in the article, we must emphasize on the meaning of research method for the legal culture.The second part is to introduction the criminal law culture. We introduce the criminal law culture base on the comparing of traditional culture and modern

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CLC: > Political, legal > Legal > Chinese law > Criminal law
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