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The Principle of Criminal Law from the Perspective of Hhe Immunity of Tainted Witness

Author: DengYi
Tutor: GaoWeiJian
School: Southwest University of Political Science
Course: Legal
Keywords: Criminal Law Punishment and Responsibility Principle The principle of the equality of all before the criminal law Principle of Legality Of tainted witnesses exemption system Offering bribes Accepting bribes Object Social harm
CLC: D924
Type: Master's thesis
Year: 2011
Downloads: 25
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Abstract


Dilapidated Rainbow Bridge, which was called the first case of tainted witnesses. China's legal theory tainted witnesses exemption system much discussion, but more to the point of view of the Criminal Procedure to analyze. This article attempts to look for other ways to considerations of this system to the point of view of criminal jurisprudence. Three major principles of criminal law the end result, consideration of the system of the fit of the three major principles. Discusses methods, starting with analysis of each of the line taking bribes harmful to society, argumentation bribery tainted witnesses exemption system is the principle of guilt-punishment fit; penalty is cut to the analysis of the same crime of the same angle, combined with the line of taking bribes guilt, demonstration bribery tainted witnesses exemption system is in line with the principle of the equality of all before the criminal law; explore the spirit of the principle of legality implies demonstrated that bribery tainted witnesses exemption system is in line with the principle of legality. Second, in the language of logic, analysis and bribery tainted witnesses exemption regime guilt-punishment phase to adapt to the exposition of the principle-based expand, discusses bribery tainted witnesses exemption system and criminal law shall be equal before the principle of relations on this basis. Because of the limitations of the content of the principle of legality, looking for fit of bribery tainted witnesses exemption system and the principle of legality embodied in the spiritual, and thus the discussion in line with the principle of legality is not the first basis of two parts. Third, in the content of the article, this article focuses on the following issues in-depth study: tainted witnesses, the nature, characteristics, the nature of the exemption of tainted witnesses, of tainted witnesses exemption system, Punishment and Responsibility adapt the principles of line bribery both object means, subjective aspects tainted witness testimony nature before the criminal law principle of equality, involution relations line bribery, the principle of legality, the understanding of China's Criminal Law Article expression, today's anti-bribery crime attitude and bribery cases to establish the stain significance of witnesses exemption system; following concepts are defined: tainted witnesses, tainted witnesses exemption regime; Comments on the following theoretical perspectives: the object of the crime of bribery is a complex object, the object of taking bribes duty behavior can not be bribed etc. line bribery belongs together the criminal's point of view, China's Criminal Law Article embodied in the first half of the active principle of legality as well as before and after the two first, the right to restrict the sin, the right to limit the incriminating views; and made the following main points : bribery tainted witnesses exemption regime in line with the guilt of criminal adapt the principles of the criminal law before the principle of equality as well as crime and legal principle; the tainted witnesses testified nature confession behavior; bribery are the object of the integrity of the national staff duties; taking bribes The object is a complex object, the main object for the integrity of the national staff positions, the secondary object is a normal management activities of state organs, state-owned companies, enterprises, institutions, people's organizations; line bribery crime together rather than aggregate crime , before and after the two of China's Criminal Law Article representations expression meaning to restrict the right to incriminate.

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CLC: > Political, legal > Legal > Chinese law > Criminal law
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