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Social Transformation and Criminalization

Author: ZhangChenBin
Tutor: ZhangTianHong
School: Shanxi University
Course: Criminal Law
Keywords: Social transformation Criminalization Criminal LawAmendment
CLC: D924.11
Type: Master's thesis
Year: 2013
Downloads: 124
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Abstract


How to choose and stipulate anti-social behavior by criminal law, it involves the basic problems of criminalization. Criminalization is a legislative process making an accusation in criminal law from the legislation level. That is to say, an act endangering society is stipulated as a crime act in criminal law by legislator. Criminalization has a positive value in protecting the legal interests, maintaining social order, realizing the principle of legality. The causes and power about criminalization stem from the needs of social transformation. On the face of public security, the new field of criminal case as well as the intensification of various social contradictions situation in the social transformation, the criminalization legislation is necessary. In addition to making the Penal Code and single criminal Law, the main way to achieving the current criminalization legislation is the Criminal Law Amendment. Empirical data indicates that eight "Criminal Law Amendment" involved a total of92criminal accusations about criminalization, and more accusations concentrated in the crime of sabotage against the order of the market economic order, the crime of obstructive the behavior of social government order and the crime of endangering public safety. Meanwhile we should not ignore the defects of criminalization exposed in the legislative process. But that hardly matters, criminalization legislation is still the mainstream in the social transformation, we should make well-rounded mastery from the principles, standards, and reasonable restrictions on the criminalization, finally build a dynamic crime ring.The thesis consists of introduction, four main components and conclusion.Introduction puts forward the practical significance of criminalization legislation in the social transformation on the basis of brief summary about criminalization legislation survey in Criminal Law Amendment. Consequently, it clarifies the relationship of social transformation and criminalization, as well as puts forward a number of sub-proposition in the thesis and contentious focus questions.The first part is to clarify the concept of crime, contains the meaning of criminalization and analysis the value of criminalization. Beginning with the criminalization background, then it works out the connotation of criminalization, as well as puts forward the meaning of criminalization from author’s viewpoint. Finally it analyses the mergence and existence value about criminalization by using the viewpoint of historical materialism. The purpose is clarifying the concept of criminalization through the part of the discussion.The second part is the correlation analysis. It illustrates the dialectical relationship between from social transformation and criminalization from the perspective of he former correspond to the latter. The social transformation is the survival soil and background of criminalization legislative practice. And then it analyzes the range of criminalization and the boundary in the process of criminalization in social transformation. Finally it concludes three achievement ways about criminalization in China, and points out that the criminal law amendment is the main way in our current criminalization legislation practice.The third part is the reality expedition. That is rethinking of the the current criminalization legislation. By combing every article in eight "Criminal Law Amendment "provisions and each criminal accusation of criminalization, it clears the profile of criminalization legislation on the whole. Meanwhile it rethinks the mode about criminal law amendment and the pros and cons of criminalization in criminal law amendment. Then it works out the improvement suggestions.The fourth part is rational thinking about criminalization. First it clears the dispute of criminalization and non-criminalization. The conclusions in this article are:in the period of social transformation in China, the trend of criminal legislation practice is still criminalization, and Criminal Law Amendment has become the main way and carrier of criminalization. Second, we should make a rational implementation about criminalization. We can make a deep thinking from the relationship between criminalization and criminal policy of our country, the establishment of criminalization standard and the reasonable restrictions of criminalization. Finally it builds a dynamic crime ring.The conclusion sums up the architecture of this thesis and the central points, concludes the paper.

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