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Research on the Foundation Questions of the Theory of Criminal Identification of Morden Russian

Author: ZhaoLu
Tutor: LiJie
School: Jilin University
Course: Criminal Law
Keywords: The crime recognized Crime constitution Crime social characteristic Crime legal characteristic
CLC: DD914
Type: PhD thesis
Year: 2008
Downloads: 288
Quote: 1
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Abstract


As a knowledge system, Russia’s crime recognized the theory regarding us s a stranger domain. But, says regarding the educational world scholar, it must be a very familiar region. Because in foundation very many concepts Often can find a similar object in our country’s criminal law theory,We are connected these categories, conceptAll is scattered in the different system. But recognizes in the theory in Russia’s crime,These scattered concepts all have the special function.Therefore,Regardless of is introduced a new theory system our country is also good,For the educational world understood the Russian present age criminal law fundamental research the realistic condition is also good,Recognizes the theory basic question to the Russian crime the research and the discussion,Must be able to provide a reference to our country crime constitution theory research the sample.This article namely included has recognized the theory to the crime the historical inspection, Also has included to the contemporary foundation judgment content in some question discussion. First chapter is take the national character and the theory historical evolution course as the beginning inspection. Thinks the Russia national character because of its geographical position, the traditional culture, the national spirit and the legal spirit influence But enabled the theory to have own characteristic in the forming process. In beginning Ross time,In at the beginning of crime concept and each kind of influence factor In taboo standard, behavior standards, people’s commune standard and religious standard Each kind determined guilt in the factor to contain the crime to recognize the thought the seed.In Russian criminal activity legislation existing writing time,Russia’s crime theory starts to breed. It contained in at that time in the different time formulation law. Kievan rus - Byzantium treaty time, "Ross Truth" and legal assembly time,"In 1649 Legal Entire Book" and "in 1715 Military law Rule" time,The crime recognized the pattern forms gradually,Had the basic guiding ideology regarding the crime judgment. The Russian criminal activity legislation statute book activity starts the time, the theory can form with develops, and started to form the different theory and the school of thought. Comparatively main has three factions: The entity haracteristic judgment theory, the legal characteristic judgment said, the integrity crime appraisal theory. The entity characteristic said the standpoint is the insistence to the crime recognized must carry on the judgment by the behavior nature,The legal characteristic said is take legislates the stipulation as the main basis, Thought in the crime recognized cannot dope subjective conjecturing. The integrity appraisal said is the comprehensive viewpoint, thought recognized the crime must carries on from the entity characteristic and the legal characteristic union. The tendency can create with any side to the behavior mistake recognized.The second chapter the reality characteristic judgment foundation which recognized regarding the crime has carried on the theory inspection. Proposed Russia’s crime recognized the theory the entity characteristic judgment foundation is as launches take the crime concept as well as its characteristic. Carried on regarding the crime concept theory in Russia’s historical deveopment and the theory discussion inspected and proposed own ponder. Behavior characteristic several aspects have carried on the inspection to the Russian entity characteristic judgment in,These characteristics are refer to the crime society reality judgment the foundation have the criminal significance behavior,Has the criminal significance behavior characteristic: The human consciously, has the will objective outside activity;Criminal behavior manifestation: The positive achievement, negative does not take and the harm result. Harmed to the crime society characteristic - society has conducted the research,From the theory basic development condition, the theory status, the social hazardous nature related with other crime characteristic to the social hazardous question have carried on the discussion,Regarding crime fourth characteristic crime society reality judgment responsibility condition - - mistake implementation From the mistake meaning connotation, the mistake system legislation history and the mistake idea development history and the basic discussion carried on to the mistake theory has combed,In the this chapter fifth part to the crime society reality judgment legal condition - - criminal activity illegal basic fundamental research condition, related criminal illegal and the social hazardous discussion, related criminal illegal with should receive the penalty discussion and so on several aspects to conduct the research and the analysis.Third chapter is recognizes the law judgment foundation to the crime,On behalf of legal behavior characteristic crime constitution and system inspection. Has carried on the inspection analysis to the contemporary Russia crime constitution theory and the development, introduced the crime constitution three-dimensional authentication model basic concept,From crime objective element two composition - - object and objective aspect,The subjective element two composition - - main body and the subjective aspect its theory basic development and the educational world discussion has carried on the inspection,Regarding the object was from the object traditional ideas development, the contemporary educational world discussion and the dispute as well as the criminal object related question - - crime object question has carried on the discussion. Harmed the sex act, the harm consequence and the society regarding the crime objective aspect from the society harms the sex act and the social during hazardous consequence the causal relation has conducted the research. In crime subjective element aspect, to subject of crime basic question, concept,The legal responsibility undertakes the outset age, legal responsibility ability whether there is and so on have the questions carried on the discussion,In the main body recognized in the special condition did not remove the legal responsibility ability the psychic barrier legal responsibility, the alcoholic intoxication and the special main body question has carried on the inspection and the discussion. Has analyzed the mistake basic condition in the crime subjective aspect,The mistake main form - - intentionally, the mistake main form - - error as well as has the dual mistake form question.Fourth chapter is to removes the behavior constitution crime the plot inspection,Regarding in the elimination constitution crime plot elementary theory condition, the legislation evolution, the theoretically discussion have made the elaboration and the analysis. And to six kind of elimination crime plot system and theory: The essential defense, the arrest crime person sent harms, takes refuge from danger the defense, the reason full risk, the execution order and the instruction as well as the bodily compulsion or the psychological compulsion urgently has carried on the system inspection. The Russian federation elimination crime plot is a more special stipulation, its value in the crime recognized can demonstrate. Because the behavior characteristic conforms to the crime constitution characteristic, but does not conform to the entity behavior characteristic, therefore in does not have in the social hazardous situation, recognizes as the crime the peculiar circumstance.Fifth chapter is the Russian crime recognized the theory and our country crime constitution theory carries on the contrast analysis,Has carried on the discussion to our country current research present situation, in makes the induction summary after the Chinese crime constitution fundamental research present situation,Recognizes the theory and in the Chinese crime constitution theory basic condition from the Russian federation crime the agreeing with on analysis,From the Russian crime recognized the theory and the Chinese crime recognize the theory basic value idea agreeing with analysis,Finally proposes this kind of contrast research ponder after the this chapter fourth part. Thought our country’s crime constitution theory may profit from the Russian crime in the development to recognize in the theory some aspects. Meanwhile while improves several questions which own theory system must pay attention. Only theory localization, theory sophistication, theory stability.

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