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Imbalance in China's criminal law crime research questions

Author: ZhuLei
Tutor: SongZhenWu
School: Yantai University
Course: Criminal Law
Keywords: balance of crime and punishment of crime the imbalance imbalance between causes and manifestations improving the legislative and judicial
CLC: D914
Type: Master's thesis
Year: 2010
Downloads: 142
Quote: 0
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Abstract

The balance of crime (in principle that punishment is criminal law) not only a basic principle, but also on the legality of the underlying imbalances. In China, imbalance of crime is widespread violation of balance between crime and punishment of crime, criminal law and order problems as the criminal law by the imbalance of important research topic. This article as the imbalance of baseline of crime and punishment is balanced in principle from the front, as general inspection of the basis, describes the criminal legislature and the judiciary in criminal and imbalances, and in-depth exploration of crime imbalance of reason, last formulation imbalance problems of crime and punishment.This article is divided into the following four sections:The first part, from the front, as the imbalance of baseline of crime and punishment for general equilibrium. First of all, on the balance between crime and punishment demonstrates the meaning of the imbalance, defines the crime of "crime" and "criminal" connotation and denotation. And then, on the criminal classical school and the school of criminal evidence and different balance of crime and punishment is balanced standard made a comparative analysis, finally made rational compromise the balance of crime and punishment is balanced in China the concept and apply specific criteria.The second part is the imbalance between crime and punishment. The first describes the conviction and sentencing of imbalance, crime, and then describes the legislation on criminal and imbalances, including the lack of specification of crime gradient, insufficient legal sentence setting exists, there are deviations in terms of punishment. Finally describes the performance of judicial sentencing imbalances, including judge wanton apply discretion, imposes a limit on the simplicity, the method of the parties.The third part is for the exploration of the unbalance between crime and punishment. The cause of the imbalance caused by the crime and punishment, there are legislative reasons, the judge’s own a variety of factors, the lack of independence of the courts of the judicial system, as well as other multiple social factors.The fourth part of solving crime imbalance of countermeasures. Based on the root cause of the imbalance between crime and punishment of the crime analysis, solve the problem, from the legislature and the judiciary on a series of targeted measures, and should make reference to Britain and the United States and other countries and unified sentencing guidelines sentencing patterns.

Imbalance in China's criminal law crime research questions

Abstract

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