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The Unit Neglinence criminal criminal regulation

Author: MaZhaoPing
Tutor: WangPing
School: China University of Political Science
Course: Criminal Law
Keywords: Unit Unit Neglinence Crime Criminal Policy
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 40
Quote: 1
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Abstract


Since the reform and opening up, our units accident showed a higher frequency and a wide range of interests and harm giant's significant features, it has been a serious threat to China's public security and order. For the maintenance of public security, China's \With the spread of the accident and upgrade of our units, the units negligence crime legislation is bound in a dynamic expansion trend. Why to ensure that this expansion is not the beginning of the slide into crime and punishment, how to ensure that this expansion is targeted character is dependent on the country noted in existing units negligence crime legislation to form a rational criminal regulatory policy. The article includes an introduction, body and conclusion, which the body follow from the actual to the main line of the course of study is divided into three chapters. The INTRODUCTION main account of the purpose of this study, research status, research ideas and innovation content. The body of the first chapter is the fault of our existing units statistics of crime legislation. Legislative guidelines (2) and 30 of a crime of negligence and crimes committed by units under Section 15 of the Penal Code to determine the charges and the number of the \The legislative definition on this basis, with the help of the research methods of statistical analysis, summarizes the common principal characteristics of all units negligent crime, behavioral characteristics and the results of characteristics, refined criminal negligence - Unit in business activities, in violation of the law on the units of the Division business obligations, negligence cause harm public personal or property safety results. Finally, based on further statistical analysis summarized the characteristics of three units negligence crime legislation: the principle of special units for the exception on the subject of crime to the provisions of the general unit; harmful consequences to punish untrue harm committed principle Negligent Dangerous the principle of the criminal penalties prescribed double punishment as the exception; single penalty system as an exception. The body of the second chapter is the explore ought units negligence crime criminal responsibility based. Criminal law under the principle of unity of subjective and objective, only along with the negligent acts of subjective unit of negligence and units, in order to constitute a unit of negligence crime. On the one hand, the other hand, by systematically refuted units negligence negativism, to establish units negligence affirmation theory, pointed out that the the units fault essence Unit inherent characteristics affect unit members to form the negligence, default on the part of the members of the unit converted to units negligence; noted in units responsibility The development of the theory completely built units negligence Pattern Structure: The unit acts of negligence, oversight negligence and unit management units fault. The body of the third is the the principle concisely units negligence crime criminal policy. The concept of the reality of the accident hazard units and units attributable transmutation objective foundation and subjective basis expansion units negligence crime. Comparison of the different legislative mode and Discrimination, the penal system is the preferred strategy for punishing and preventing units negligent acts. Therefore, the unit of negligence crime legislation expansion is an inevitable trend. However, this expansion must follow three basic principles of constraint, in order to avoid the penalty of abuse and rampant. It follows that our criminal negligence criminal policy: appropriate to enhance the regulation range, the principle of gradual expansion. Conclusions reaffirmed our unit of a crime of negligence the meaning and criminal policy, and anchored, it is recommended that into my unit fault of \regulation of the crime.

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