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The criminal culpability adapt characteristics of the times
Author: WangHongGang
Tutor: ChuBingDong
School: Yantai University
Course: Criminal Law
Keywords: Criminal culpability to adapt The purpose of punishment Temper justice with mercy Harmonious society The characteristics of the times
CLC: D914
Type: Master's thesis
Year: 2010
Downloads: 51
Quote: 0
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Abstract
As the basic principles of modern criminal law of criminal culpability to adapt the content is not static, and has distinctive characteristics of the times . Criminal law are adapted to specific times and specific civil society worked out , guilty of heavy penalties sometimes light , sometimes repeat offenders sentenced to light punishment , at first sight contradictory , but this is normal and just the level of punishment with the times closely linked to the case , there is a Criminal Code in any century . Of criminal culpability to adapt experience to utilitarian Crime and Punishment Crime and Punishment by Retributionism the equilibrium theory , equilibrium theory , to take into account the retribution and prevention eclecticism of criminal culpability , reflecting the simple concept of fairness and justice . The economic base determines the superstructure of criminal culpability to adapt originated in primitive society homomorphic revenge and retaliation by the slave society equal , resulting in the bourgeois Enlightenment thought , the history of all kinds of theories , are deeply marked by times imprint. The text of this paper is divided into four parts : the first chapter : the classical school of criminal culpability Suiting general equilibrium theory of the classical school of criminal crime and against feudal crime and arbitrariness of the times ; Chapter II : the criminal culpability of the modern school Suiting , generally relying on the methods of the natural sciences and empirical analysis of the causes of crime , criminal Law School to develop crime prevention measures ; Chapter : \the purpose of punishment \on how to implement the \
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