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Analysis of Criminal Law and Security Administration Punishment Act of conflict and convergence

Author: ShenFan
Tutor: MaoLingLing
School: East China University of Political Science
Course: Legal
Keywords: Law of Public Order Punishment Criminal Law Conflict
CLC: D922.14
Type: Master's thesis
Year: 2011
Downloads: 171
Quote: 0
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Abstract


Since March 1, 2006 implementation of the public order manage punishment method, is supporting social public order, dissolve a society antinomy, guarantee public and safe aspect to develop a larger function. However at in fact in process, but appear and penal code mutually the problem of conflict, the department concerned didn’t also carry on norm to reach agreement to release to the conflict problem and caused to enforce the law of confusion. Therefore, this text manages the performance of punishing the method and penal code conflict to begin from the public order and analyzes the reason of twos occurrence conflict and the shortage of the existing solution method, thus the study solve the public order manage the judicial path and actual situation operation method of punishing the method and penal code conflict problem.This text has a foothold to work physically from enforcing the law the angle of and insists the method that theories and fulfillment combine together and manages punishment method and the conflict problem of penal code to carry on more thorough study to the public order, and propose homologous solution strategy.This text is totally divided into five chapters,Chapter 1: Introduces the main contents that the public order manages a punishment method, and the present condition of penal code, study two meanings of conflict problems.Chapter 2: Analyzes the conflict combining the restraining on Criminal Law and the criminal policy of temper justice with mercy.Chapter 3: Reference to foreign legislation.Chapter 4 is analytical existing solution method and look for solution public order to manage the principle of punishing the method and penal code conflict problem, should emphasize several aspect problems of the consideration and the actual situation operation method of solution conflict problem.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Public Security Management Act
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