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For "Social Harmfulness Theory" Defense

Author: YangCaiJing
Tutor: ZhangWuJu
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Social harm Theory of social harm Abolition of the Question Criminal illegality Principle of Legality
CLC: D924.11
Type: Master's thesis
Year: 2011
Downloads: 74
Quote: 0
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Abstract


\Is convicted and punished in the establishment of the crime and sentencing or judicial practice, \In recent years, however, the theory of social harm has been more and more questioning and negation, negation of voices. Abolition of the 刑法理论界 social harm theory is inevitable. Every debate, are a careful look at the clean-up, we better understand that the \Articles from the start for the theory of social harm \The article first produced from the theory of social harm \The article points out that \The theory of \Tong said that the maintenance status of \Subsequently, the article cited negate the point of view of the theory of social harm \Scholars negate the \theoretical drawbacks, advocated the expulsion of the framework of the commission of a crime. Then, the article questioned the point of view of the the above negative \The article by \draw \Criminal legislation, legislators convicted of a behavior set the punishment, because this behavior has serious social harm worth Branch at the penalty. Harmful to society is the the criminal violations basis, the criminal illegality contains the evaluation of the social harm, in line with the the criminal illegal behavior harmful to society must have a criminal regulation. In criminal justice, social harm necessary supplement evaluation of acts of crime or not. Penal Code \\And critical understanding of the concept of crime, to establish the basis of discussion in China's national conditions. The vast land of China, is not a simple use of the principle of a \The theory of social harm is in line with China's national conditions. We can not simply social harm equivalent to the crime and good at breaking, not simply understanding the social harm of legality of criminal illegal opposition. Social harmfulness theory \About 30,000 body of the article 4000 words exposition is divided into four parts: The first part of the significance of the creation of this article, that article writing is that the theoretical value of the practical significance of the administration of justice and the defense of truth. The second part focuses on the Abolition of the \From the theory of social harm \Elaborated the original position of the \The third part, negate the point of view of \Fourth part, by positioning on the properties of the \the important role of the impartial administration of justice. Epilogue, the important role of the social harm and existing functionality, highlight the needs of the times.

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