Dissertation > Excellent graduate degree dissertation topics show

Basic theoretical research as a crime

Author: WuJingWei
Tutor: ZuoMingAn
School: China University of Political Science
Course: Legal
Keywords: Theoretical study Criminal legislation Source of obligations Causality Forms of crime Constituent features Definition of the problem Legal requirements Country Improvement of standards
CLC: D914
Type: Master's thesis
Year: 2005
Downloads: 343
Quote: 1
Read: Download Dissertation

Abstract

Omission relative as guilty of a crime in the form, which constitutes the characteristic manifestations, etc., differences exist as a crime. Most countries in the world, be reflected in the legislation, and, in theory, a more in-depth study. In China, not as guilty in terms of legislation, practice or theoretical research have not been given due attention to criminal legislation, although there are not punished as a crime, but the only requirement is difficult to form a unified system. This paper discusses the omission of a few basic theoretical issues. The full text is about 34,000 words. The first part of the definition of the problem not as a crime. The Criminal Law first learned about the concept of Omission combing, pointed out that the criminal law act was not physically absolute rest of the body, but a for legal requirements still fulfill its failure to perform, and the negative and still was not as the essential characteristics. Followed by not as constituent elements and classification research and analysis, combined with the needs of our current judicial practice, not as a crime in the criminal legislation to regulate them perfect. The second part of the legislative evolution and not as a crime comparison. Not as a crime at all times relevant legislative evolution and comparative analysis, see the criminal law on the legislative status quo is not as lagging behind the criminal legislation urgency. The third part as the obligations of the problem not as a crime. As the core of the problem as a theoretical study of crime, particularly important to analyze the sources of obligations as a crime. By some foreign countries about the investigation as a crime, as the obligation not as guilty as the obligations of the view, put forward should be necessary to learn from the provisions of the foreign, to expand the scope of a source of obligations, combined with China's criminal law scholars. The fourth part of the causal relationship not as a crime problem. For Omission of causality, the domestic and foreign scholars have their respective positions. The author of several doctrines comprehensive analysis and appraisal, and the light of the specific case to clarify the omission itself is reason, a certain relationship with the occurrence of harmful results, not causality as guilty as guilty of the criminal law causality with different characteristics. Part V Indifference to Danger by the relevant foreign law requires thinking and ideas of our criminal legislation.

Basic theoretical research as a crime

Abstract

Related Dissertations