Dissertation > Excellent graduate degree dissertation topics show

Stematic Research on Crime of the Serviceman’s Violation of Duty

Author: LiGuoZhen
Tutor: QuXinJiu
School: China University of Political Science
Course: Military Law
Keywords: Serviceman Crime of violation of duty Systematic Research
CLC: E266
Type: PhD thesis
Year: 2009
Downloads: 140
Quote: 0
Read: Download Dissertation

Abstract


From 20th century 80’s, research on military law in China began along with the national position of reform and opening-up and the situation of legal system build of PLA. Since 1981, by concerning on the punishment of crime of the serviceman’s violation of duty, scholars began to study the military penal. In a sense, the crime of the serviceman’s violation of duty both is the core problem of military penal, also is“The Initiator”of research on military law. Apparently, choosing the crime of the serviceman’s violation of duty to study is significant and practically valuable.Though nearly 30 years’study of the crime of the serviceman’s violation of duty has gotten many theoretical results, but the research work appears serious defects, particularly scholars ignore the importance of systematically researching way in the process of the research on crime of the serviceman’s violation of duty, thus leads the academic research to encounter a lot of problems.In view of this status, this article innovatively divides the crime of the serviceman’s violation of duty into”external system”and“internal system”, based on the“duty“words, form the static system and dynamic rules two perspectives, and systematically studies the crime of the serviceman’s violation of duty,and gets some related theoretical conclusions and practical advices. Specifically, beginning with the context of jurisprudent concepts, summarizes the abstract concepts from the rules, after analysis of them, finds that all of these concepts are attributable to the concept: duty, though they are differently abstractive degree. And these concepts from rules construct an external system,“duty”is the core of this system yet. Taking into account of the external system cannot solute the valuable contradictions of crime of the serviceman’s violation of duty rules, this article begins to concern on legal principles, and claims that“best discharge duty“is the value orientation of crime of the serviceman’s violation of duty. And based on this premise, establish an internal system of the rules which is composed by the principles. Then this article finds that“violating duty“is the formed basic of the rules, and“duty”also is the core of this basic and the link point between the external system and the internal system.Based on above analysis, this article begins to research dynamic operation of the rules, and finds that legal interpretation is significant to law application, furthermore“duty”has unique status and significance and exert special role: the function of“criterion”,”purpose”,”basic”. Then by analyzing”statutory crime principle”and the text of rules and the legislator’s intent, the author finds the limits, standard and object of specific legal interpretation. After determining these theoretical premises, this article by using the function of“duty”concept begins to interpret the rules which intents to eliminate the flaws, especially to conflict and potential gaps of rules, accompanied by some targeted cases. Then basing on“duty”concept this article researches on how to improve these rules of crime of the serviceman’s violation of duty, at the legislative level, by filling the obvious gaps and field gaps which as defects of the rules, cannot be eliminated by legal interpretation, and proposes correspondingly improved countermeasures.

Related Dissertations

  1. The Realization of Coal Liquefaction in the Continum Model System and the Experimental Research of Coal Liquefaction,TQ529.1
  2. Study on Restoration of the City Gate of Shangjing in Parhae,TU-05
  3. Poor Scholars in the Tang Dynasty Mentality of,K242
  4. Research of Aerospace Science Research and Innovation Building Design,TU244
  5. Bibliometrics Analysis on Published Research Papers of Physical Education Teachers in Shanxi Province Universities from 2005 to 2009,G807.4
  6. The Application Study of Lao Tze Thought in the Chinese Teaching of Middle School,G633.3
  7. A Teaching Research on Junior Students Who Have Difficulty in Maths Learning Learn in a Happy Classroom,G633.6
  8. Study on International Development Strategy of Chinese Research Universities,G647
  9. Study on the Results of Heilongjiang University’s Social Science Research Evaluation System,G644
  10. Current Situation and Countermeasures of Coastal Protective Backbone Forest Strip in Ningbo,S727.2
  11. Chen Shu- long academic thinking clinical research and clinical experience and the treatment of spleen dampness Huoxuetongmai method of PTS,R249
  12. Local Party Committee’s Supervision of Decision Research,D262.2
  13. A Practical Research on the Education of How to Be a Healthy Person in Morality for Students at Rural Junior Middle Schools,G631
  14. Research on Standardization and Accuracy of Use on Junior High School Physical Education Teaching Methods,G633.96
  15. A Research of the Teaching Methodology of High School Lu Xun’s Novels: From the Standpoint of Words Life Representation,G633.3
  16. Outward Bound to the introduction of the experimental study of junior high school students sunshine sports,G633.96
  17. Shandong Province,university research projects Integrated Management Model,G644
  18. Design and Research of Urban Toilet and Its Landscape,TU993
  19. Application of Ascending-Descending Theory in Treatment of Chronic Renal Failure,R277.5
  20. Go through the academic ideas and a summary of clinical experience and three sons and four cents decoction children cold to relying stagnation cough clinical research,R249.2
  21. Study on Cheng Zhongyuan’s Research Concerning Zhang Wentian (1979-2008),D239

CLC: > Military > China's military > Military system > Military law, military discipline
© 2012 www.DissertationTopic.Net  Mobile