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The Relationship between Elimination of Criminality and China’s Four Elements of Crime Constitution

Author: LiShu
Tutor: ChenShiWei
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Exclude criminal proceeding Comparative Study The substantial constituent elements theory Constitute a crime Object of a crime
CLC: D924.11
Type: Master's thesis
Year: 2011
Downloads: 44
Quote: 0
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Abstract


Exclude criminal reasons in our title, such as \then will be excluded from the criminal the subject of a separate chapter discusses that rule out the theory of the crime before the crime constitution theory is parallel or parallel architecture of the commission of a crime. Above system arrangement led to many theoretical and practical problems: First, China's criminal law theory theoretical confusion caused many definitions exclude criminal reasons \but essentially not harmful to the society and thus does not constitute a crime, \whether harmful to the society outside to look for \contrary to the theoretical premise, our constitution of crimes conviction does not have the uniqueness and unity. Second, will be reflected in the sin mechanism to exclude criminal reasons placed in the constitution of crime (established) theory outside exposed the ineffective protection of human rights abuse. Once again, the lack of ownership of the systemic ultra regulations exclude criminal reasons. Therefore, this paper aims to explore how to solve our crime constitution theory premise retain our crime constitutes a system of four elements, and exclude criminal reasons above theoretical dilemma. The author's point of view will be excluded from the criminal proceeding into the object of the crime to include a way to solve the crime constitution now exclude many problems brought about by the criminal system that are the subject of positioning. The structure is divided into four parts, namely, three thousand words. The first part of a comparative study of different position in the domestic and international crime established theory reasons to exclude criminal. Constitute three strata of the civil law crime theory \criminal sexual reasons \The second part in a comparative study based on preliminary proposed to exclude criminal reasons exist in our criminal system: theoretically rule out the the criminal reasons defined difficulties and thus cause further confusion, highlighting the ineffective protection of human rights ownership of the lack of systemic disadvantages as well as ultra regulations exclude criminal reasons. The third part of the first clear premise of this paper - real theory of crime constitution, followed by analysis of the different perspectives of theorists exclude criminal subject matter and crime constitute a system of relations, and then put forward to solve the above our criminal system to exclude the criminal grounds exist problem - the object of the crime to find to exclude criminal reasons and crime constitute a meeting point, and discussed will be excluded from the criminal subject matter included in the object of the crime and the object of the crime as to rule out the theory of criminal reasons vest feasibility as well as the many theoretical and practical advantages. The fourth part is a brief discussion on the basis of the full text discusses a more ambitious topic - our traditional crime constitution theory push to refactoring or improve on the existing basis. This paper endorsed the existing crime constitute a system perfect, in accordance with the Constitution of Crimes after the perfecting of the methods described herein, closer to the final with two-level crime in the United States was established mode.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > Crime
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