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Research on Several Questions about the Function of Criminal Law

Author: WangGuangMing
Tutor: LiJie
School: Jilin University
Course: Criminal Law
Keywords: Function of Criminal Law Protection function Protection function
CLC: D914
Type: Master's thesis
Year: 2005
Downloads: 255
Quote: 1
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Abstract


The function of criminal law is the basis of a global problem in the criminal law . Its essence is to standardize the application of state power , I anchored , first , in a meticulous cleanup function of criminal law concepts and characteristics that the function of criminal law refers to the various systems of the Penal Code , the provisions as an organic during operation as a whole reality and may play a positive role . Having a social level , bi- sexual , objectivity , limited enthusiasm feature . Second , the author explores the body of the function of criminal law , and that China's criminal law has a regulatory function, the function of safeguarding and protection functions . Regulatory function both regulation and the behavior of the perpetrator , including the regulation of the behavior of the national judicial staff on behalf of the state power . To protect the contents of the function is the protection of human rights or freedom , protection of objects both perpetrator average person . Protect the contents of the function of two aspects of the protection of the legal interests and maintain social ethics . I also pointed out that portion of the function in the protection of criminal law and the protection function is difficult to coordinate the conflict , we must give priority to select the protection of human rights of the criminal law function . Finally, the author of some of the issues involved with the best play of the function of criminal law to carry out the investigation of reality .

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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