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Omission of impure

Author: GuoLiSha
Tutor: LaiXiuGui
School: China University of Political Science
Course: Criminal Law
Keywords: Not Omission Causality As an obligation Equivalence The principle of legality
CLC: D924
Type: Master's thesis
Year: 2011
Downloads: 93
Quote: 0
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Abstract

China's traditional criminal law theory has been committed to build on as a very complete theoretical system of Omission also conducted a more comprehensive in-depth study , but not Omission of theory building is still the one of the Criminal Law Research weaknesses , but also criminal legislation a blank . At the same time , China's judicial practice as a criminal case Impure wisp than not , theoretical research immaturity and lack of criminal legislation so helpless judicial officers face such cases , even for a similar case would make a completely different decision . Therefore, the depth is not Omission of relevant theoretical issues and legislative issues of great theoretical and practical significance . This paper is divided into six parts, namely the non Omission definitions , legislative overview, the relationship with the principle of legality , as an obligation , causality, equivalence problems for analysis . The first part never Omission start analyzing the different definitions are not Omission of concepts and features , and the countries on the non- Omission to inspect the condition of the criminal legislation . The second part of the constituent elements of an open discussion based on the theory does not Omission and clarity of the relationship between the principles and the principle of certainty . The third part of the form and the actual style from the two aspects discussed without obligation Omission sources do not think we should build a binary Omission obligations source theory . The fourth part of domestic and foreign non- Omission on causal analysis of various viewpoints comments , contact the actual situation of China should adhere to the judgment in the case , \The fifth part introduces the concept of equivalence problem is proposed based on different criteria , and , I believe from crime and social harm can be fined up to seek equivalence basis. Finally, the introduction of two case studies reviewed, and made of non- Omission in our criminal legislative proposals, including the convictions and sentencing recommendations regard the proposal .

Omission of impure

Abstract

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