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The Conflict and Solution Between Blank Description of Crime and the Principle of Nullum Crimen Sine Lege

Author: ChenWei
Tutor: ZhangGuoXuan
School: Jiangxi University of Finance
Course: Criminal Law
Keywords: Criminal law Blank facts The principle of legality
CLC: D924.11
Type: Master's thesis
Year: 2010
Downloads: 113
Quote: 0
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Abstract


The blank counts is an important concept in criminal law. The blank counts the presence of, no doubt because it has multiple functions results in criminal legislation. Theorists blank counts for some of the results, but research is still insufficient. After China's Criminal Code establishes the principle of legality, the blank counts the presence of many unreasonable, there is a certain tension between the principle. Therefore, blank counts Research and has great theoretical and practical significance. In this paper, from the point of view of the principle of legality, the analysis the blank counts of the concept and function, the blank counts under the principle of specific considerations. The research gaps guilt First clear concept and function of the blank counts. Be classified and summarized clarify many of the concepts of the blank counts, and on this basis to define it. The blank counts of to open criminal law must therefore be compared and differences in order to achieve a clear understanding of both the constituent elements of the open. The blank counts the presence of a very wide range, need a list of specific offenses and Terms of class division, and on this basis, in order to further understand the internal hierarchy of the blank counts. In addition, the blank counts the presence of not accidental, is one of China's criminal legislation must needs. So its important legal function in maintaining the stability of the Criminal Rules, inclusiveness, rigor and openness has played an important role. The blank counts unreasonable there are some conflicts with the principle of legality. With the principle of legality reasonable to question blank counts, is undoubtedly an implement of legality the most simple way. And this method also has a sense of the principles of the criminal law ought to be the meaning. Therefore, the part of the two sides of each of the principles of legality and the blank facts considerations. The principle of legality is divided into two sides, so the two sides is the form of a concrete manifestation of the rule of law and the substance of the rule of law, the rule of law consistent with the principle of legality side of the form and substance of the side in line with the needs of the development of the rule of law. Blank facts consistent with the principle of legality, to the principle of legality carried out, it is necessary to adapt to the two sides of the principle of legality. To measure the specific requirements of the article to the side of the form and substance of the side the blank facts and Criminal Law harmony, also naturally are reasonable. The blank facts and the principle of legality in the form side of the conflict needs to be based to explore the specific requirements of the principle of legality in the form side path. First, from a legal doctrine starting to solve the conflict on the side of the the blank facts and the principle of legality in the form. Second, from the prohibition of retroactive requirements departure to resolve the conflict on the side of the the blank facts and the principle of legality in the form. These two aspects of the solution path is not the same, the starting point of the solution is the blank facts and the principle of legality in the form side two requirements conflict where. The substance of the the blank facts and the principle of legality side of the conflict need to be based on the specific requirements and the substance of the principle of legality side to explore the path. Recognize the specific requirements of the real side, to improve the factors of disharmony in the blank facts, to make it consistent with the substance of the side of the principle of legality. To explore the substance of the the blank facts and the principle of legality of the conflict on the side of the path is based on clear requirements and the prohibition of improper punishment penalty requirements. Blank facts with these two requirements conflict analysis, and as a starting point blank counts perfect blank the counts further in line with the requirements of the substance of the principle of legality side. The blank counts is a complex process. The article on blank counts some historical revelation and blank counts future trends are discussed. The former the blank facts legislation since the problems as well as an overview of the conflict with the principle of legality, and how to construct blank counts inspiration drawn on top of this. The latter is the core content of the research gaps counts summarize, draw blank counts standardize and improve the criminal law an urgent problem, the solution to the problem should be based not only on the provisions of the principles, but also focus on its own improvement.

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