Dissertation > Excellent graduate degree dissertation topics show

On omissions crime as an obligation.

Author: DuanFengLi
Tutor: HeBingSong
School: China University of Political Science
Course: Criminal Law
Keywords: Not really Omission Based on facts Legal obligations To redefine Obligation theory Establishment of conditions Improvement of legislation Representative Nomology Judicial practice
CLC: D924.1
Type: Master's thesis
Year: 2005
Downloads: 378
Quote: 1
Read: Download Dissertation

Abstract


The this article from several representative jurisprudence Speaking, by clarifying the concept of obligations, as obligations to redefine the concept and its based on. In the form at home and abroad, the real and the theory of the unity of form and substance as the source of obligations, analyzed and compared on the basis proposed: in the form of the side will be limited to criminal legal obligations as a source of obligations, which produces two , specification based on the factual basis; obligations were based on the substantive side as is the social function relationship of legal interest. This has solved the punishment not as a crime of legality tension between, on the other hand the perfect criminal legislation put forward new requirements and based on the need to balance the protection of legal interests and protection of human rights. The preamble of this article describes the causes and significance of the writing of this article. The first part of the view from the judgment in the case of several representative in judicial practice the judiciary not as a crime know the status quo must be established as a crime conditions especially as obligations as problem clarification to guide judicial practice and to provide a basis for the improvement of legislation. The second part based on the concept of obligations and jurisprudence based on the concept of obligations, as obligations based on the concept of re-define, clarify all obligations as misinterpreted. And put forward not as a crime as an obligation norms under only the criminal law expressly provides that the criminal legal obligations; factual basis is consistent with the obligations under the specification of conditions can cause as obligations of the legal fact. Only the two at the same time have the talent reality, behavior bears as obligations. Part III focuses on controversial not really as committed as the obligations of the theory. Analysis comparing various forms at home and abroad, as the essence of unity of form and substance obligation theory, its conclusions (in the form of the side as obligations theory) on the one hand to support the conclusions drawn from the jurisprudence perspective, on the other hand ( as the obligations of the theory of the substance of the side) is not really as guilty legislative basis. The fourth part is the conclusion of this article and use conclusions involved cases in the analysis. Since our current criminal law does not expressly provided really not as guilty, not in accordance with the principle of legality of criminal penalties; If you Penalizing must first improve legislation explicitly not really as guilty of the establishment of conditions, in particular, as obligations were based on clearly defined in the Penal Code.

Related Dissertations

  1. Cognitive Style on classified uncertain characteristics Reasoning,B842
  2. Network libel Criminal Research,D924.3
  3. Shareholder Representative Litigation System,D922.291.91
  4. Social risk identified in the judicial practice,D925.2
  5. Study on System of Company Supervisor Representative Action,D922.291.91
  6. The Recognition Criterion of the Legitimacy of Oral Testimony in Judicial Practice,D925.2
  7. Agent Right of Household Affairs,D923.9
  8. The Damages Research Caused by Defects Food,D922.16;F203
  9. Combination of user and modeling of geographic information Images Themes,TP391.41
  10. Commutation , parole Several Issues judicial practice,D924.1
  11. Based on the DM6446 electronic image stabilization technology Research and Implementation,TP391.41
  12. On the reconstruction of the Representative Lawsuit System,D925.1
  13. Lawsuits demonstration,D925.1
  14. The Judicial Practice and System Construction of Victim-Offender Reconciliation in China,D925.2
  15. Prosecutors Truly Represent Who,D926.3
  16. Confused with corporate personality theory and case studies,D922.291.91
  17. On the situation and the improvement of representative action of Supervisors ( will ),D922.291.91
  18. On the Shareholder Representative Litigation System,D922.291.91
  19. Research on Liability of Directors,D922.291.91
  20. Theory of Undue Defense,D924.1
  21. The Study on Promotion of Mayor Electronic Mailbox Service Quality in the View of e-SQ Gaps,F49

CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
© 2012 www.DissertationTopic.Net  Mobile