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A Study on the Quantitative Elements in Chinese Criminal Law

Author: DongHong
Tutor: LiXiang
School: East China University of Political Science
Course: Criminal Law
Keywords: Criminal quantitative factors The criminal quantitative crime Legislative qualitative and quantitative Legislation qualitative Justice quantitative
CLC: D924.11
Type: Master's thesis
Year: 2011
Downloads: 82
Quote: 0
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Abstract


Everything has characteristics of both quantity and quality, crime is no exception. China's criminal law scholars have long exploration of the criminal quantitative factors, made a lot of useful results. This paper focuses on criminal quantitative factors, criminal quantitative factors in the constitution of crimes, the criminal provisions of the quantitative factors mode the lack of provisions and China's criminal quantitative factors to improve the problem described. In this paper, a total of four parts, the first part is the introduction of the basic concepts of criminal quantitative factors in China's criminal law, criminal quantitative factors in China's Criminal Law General points are reflected quantitative factors of criminal law to distinguish between illegal and criminal acts, supplementary Criminal Law disciplinary legitimacy and regulation of the administrative commit crime ring. Criminal Law stipulated in criminal quantitative factors specific quantitative elements mainly for the amount of crime, the consequences of the crime and the circumstances of the crime. The second part is how to locate the discussion criminal quantitative factors in Crime Constitution Theory. On this issue, there is the main objective over the elements, guilt - the body of sin - the sin of the three persons of the Trinity, the constituent elements of the quality and quantity of the constituent elements that actively constitute elements of said negative constituent elements, these theories have their own advantages and disadvantages. This article basically agree an active constituent elements of said with negative constituent elements of said that quantitative factors in criminal law system positioning vesting should still be based on the provisions of the criminal law, the the quantitative factors specified in the General Conditions of the Penal Code and sub-rule in the Constitution of Crime should reflected. Specifically General guilty of an offense \Key Element, the establishment of the the active constituent elements elements. This paper argues that it is necessary to clear the book applicable mechanisms to strengthen but the applicability of the book, and the book is intended range for the subject and application of supervision and control presented their point of view. The third part is the mode of presentation of two different provisions of criminal quantitative factors in Chinese and foreign criminal law, legislation qualitative and quantitative model and legislative qualitative, the judicial quantitative mode, a comparative analysis of these two modes and the Evaluation . Adhere to and improve the fourth part of the main focus of Criminal quantitative factors specified commence. Some scholars put forward for our country should adopt foreign legislative qualitative, judicial quantitative point of view opposing views on the reasons for the Legislative qualitative and quantitative quantitative factors in China to adhere to the prescribed pattern. Quantitative factors in the Criminal Law Crime legislative and judicial There are a number of shortcomings need to be improved. It should be added the quantitative requirements of the provisions of criminal law are missing; modify the criminal law is too specific quantitative requirements; legislative judicial unified Unit Crime and natural crime quantitative standards; enhance the abstract interpretation applicable to the judge in the judicial interpretation of rationality and scientific.

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