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On the right of the current expansion of the penalty

Author: ZhengHuaWei
Tutor: QuXinJiu
School: China University of Political Science
Course: Criminal Law
Keywords: The expansion of the power of punishment Status quo Reason Countermeasure
CLC: D924.1
Type: Master's thesis
Year: 2006
Downloads: 151
Quote: 2
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Abstract


Of punishment but an independent and sovereign country based on criminal sanctions for the perpetrators to be right , it is the basic theory of penology the primary problem . Activities in the different stages of the criminal law , the right to have a different performance penalties , namely, the right kind of punishment . In summary, the legislature of the system of punishment punishment rights , seek criminal prosecution of the right of judicial sentencing , enforcement authorities the right execution . Although the retribution and utilitarian system is a compromise and said , compared with a satisfactory answer to the question of punishment according to what , but a lot of history , today's facts repeatedly demonstrated : the power of punishment as in other countries , as there is swelling , abuse danger ; penalty power expansion has become the current Chinese criminal justice legislation and a general trend and continues to deteriorate. The progress of the Criminal Code requires the decriminalization , decriminalization and light punishment , the penalty is clearly right back in the expansion of the trend of the times , and great harm . Therefore, a careful analysis of a variety of punishment expansion and tap the causes of the phenomenon , seeking its response, is undoubtedly the primary task of penology , but for all workers in the glorious mission of the Criminal Code . In this paper, based on the results of previous studies on this issue were discussed shallow , made ​​some immature view. In addition to this preface and afterword , the body is divided into three parts, detailed as follows : The first part , summarize , summarize nowadays expanding variety of intuitive power of punishment or indirectly performance . Specifically covers the following five areas: ( a ) a significant increase in the course of the Revised Penal Code provisions Perilous ; ( two ) Criminal penalties range extends to the legal person by a natural person ; ( three ) summary punishment prepares for a crime committed with attempted ; ( four ) a large number of death penalty existence and applicable ; ( five ) administrative Criminal expansion . In these five areas below , with more or less text discusses the expansion of their national rights of specific performance penalty , and why should be negative, thus depicting an expansion of the overall picture of punishment .

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