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Summary of the legal theory class research papers

Author: FuZhengQuan From: www.yourpaper.net Posted: 2007-11-21 17:49:58 Read:
I, on the procuratorial system
Procuratorial system, Huchong An "On the properties of prosecutorial power and adapt the prosecutorial power inherent properties Attorney leadership system.
The papers through the investigation of the theory of the origin and history of the process of socialist procuratorial system, jumped out of the debate on the prosecutorial power lines jurisdictions or administrative rights, fully demonstrates the prosecutorial power is essentially a The right to legal supervision, is the conclusion of an independent state power under the people's congress system in parallel with the executive power, judicial power.
The paper, on the basis of the argument prosecutorial power characteristics and inherent attributes full argument on the lower level of prosecutorial power should implement a more stringent vertical leadership, procuratorial organs below the provincial level to implement under the present conditions and proposed on the necessity and feasibility of the subordinate vertical leadership and has novelty and forward-looking.
Second, on the theory of criminal law
Criminal law theory a total of 13 research papers, including three research papers on the basic theory of criminal law, including the pay being right "social harm standard, Cai Xiao Xin" On the principle of legality in our country criminal justice to achieve "Summer Wind" economic analysis of the effect of the Penal Code Discussion. Seven research papers on the commission of a crime, the more representative place hoon "On units smuggling", Liu Shanquan "On the drunken criminal responsibility for crimes", Yanyan Zhao "On the self-defense", Cui Xiuli establishes Corporate Crime Reasonable Analysis ".
Many excellent papers on the theoretical aspects of the criminal law, some use the newer research methods, such as the summer wind "effect of the economic analysis of the Penal Code, the discussion regarding the use of analytical jurisprudence. According to the research, the economic analysis of law in foreign countries especially the United States have a relatively large impact, but the field of study is basically limited to the Civil and Commercial Law. Economic Analysis of Law into China in the early 1990s, especially the Persian that on behalf of the book, "Economic Analysis of Law", published in the country, domestic jurisprudence of this new analytical method generated strong interest, but the formation of high-quality few papers, especially in the economic analysis methodology to study the outcome of the criminal law issues is even more few and far between. This paper discusses the depth there is a lack of reading gives a fresh feeling, quite enlightening.
Many excellent papers are the deepening of the existing criminal law theory with practice. Such as Liu Shanquan "of criminal responsibility for crimes of drunken people" fully examine the drunken man crime criminal responsibility according to various viewpoints based on the argument from the new visual drunken Delinquency criminal liability according to that criminal reform need. In civil law countries, according to the crime of criminal liability of the drunk people, mainly as Indirect Perpetrator on cause of liberty debate of the theory. Indirect Perpetrator theory that the drunken person based on own tools for the crime, that deliberately make themselves caught in a drunken state and then take advantage of the drunken state crime, it is the basis of his criminal responsibility is the same with the Indirect Perpetrator. The Cause Free commentators investigated for drunken criminal responsibility according to that drunk themselves trapped drunken behavior is against the law and has the responsibility. Indirect principal offender on the reasons Visit On The reason why long-term argue, is that their theories are flawed. Indirect principal offender commentators can not answer why people own tools because exercise behavior and the mens rea phase separation the contradictions can not answer for the critics. This paper crime criminal liability according demonstration drunk people look for other ways other than the above two arguments, quite innovative.
Ho Xun article "On the units smuggling" is also a quite component. In 1988, on the unit can become the subject of a crime, had a long-standing debate in the ̷۽. Units smuggling units count increased rapidly since 1988, the Customs Act provisions. With the establishment of unit crime in legislation, the unit can become the subject of a crime the controversy gradually giving investigated units controversy crime. It should be said that, so far, about the crimes committed by units established elements of the crimes committed by units with the relationship of common crime, crime be investigated for criminal liability limits, the unit intentional crimes committed by units identified, the unit crime with natural distinction crime, crime units prosecution of way, are not a good solution in theory and practice. Smuggling of the text to the unit as a starting point, a useful exploration of these issues, not only has great theoretical value, but also of great practical significance.
Many criminal law papers submitted this the combing and efforts of the judicial practice, some of the common problems of multiple disputes theoretical, and achieved admirable results. Defense issues, judicial practice, only in the investigation and prosecution of Shenzhen area and appear to support the prosecution's practice, we often encounter the self-defense and imaginary defense, how to distinguish between self-defense and over-defense, and when the premise of the defense conditions How to grasp the problem of how to grasp the connotation and extension of the "perpetrators". Yanyan Zhao, "On the self-defense", proceed from the source of legislation and the value of the target of self-defense, Practical righteousness fully explained the system to explain the purpose of explanation, sociological explanation, fully demonstrated the self-defense defense conditions defense objects, defense, timing, defense limits, answered in practice, how to grasp the the defense intent and infringement intent, defensive behavior and unlawful infringement, how to distinguish between self-defense and over-defense as well as over-defense how to be convicted and punished, accurately grasp the legislative intent of the system of self-defense in criminal law, judicial practice has a direct and realistic significance.
Third, with regard to the theory of criminal proceedings
The seminar received theoretical articles in the papers about the Code of Criminal Procedure is the most, a total of 17.
Provisions of China's Criminal Procedure Law of Evidence System comparison principle, abstract, controversial issues encountered in the judicial practice, a considerable part of the evidentiary issues, which determines the research evidence questions the necessity and urgency. The only evidence system received the papers there are eight, basically around the rules of evidence, the standard of proof to expand, which fully shows the city prosecutors and police officers concerned about the reality of the problem, theory with practice and study, and combined handling the case, the emotions of the scientific attitude.
The Zhang Ruoping the criminal standard of proof System of "after careful verification of the Code of Criminal Procedure academic standard of proof on the" objective reality "and" legal truth "controversial and a realistic assessment of the proposed proof of a criminal standard "level." The first level is the target of criminal proof, reasonable and scientific goal is the law of the investigated cases real. The second level is an objective standard of criminal proof to prove that the conclusions should be built on top of the objective and real evidence. The third level is a subjective standard of criminal proof, that should be to achieve the degree of inner belief, to achieve the degree of reasonable doubt. This paper to answer a practice commonly confused how to understand the criminal facts are clear, the evidence is reliable, the full problem, with high theoretical value and practical significance. the research and the formulation of the rules of evidence, are very concerned about the problem of criminal proceedings in recent years academic hot spots, but also the legislative and judicial branches. The papers received in this area are more representative Lin Jinhui "of criminal proceedings, the rules of evidence, Liao Haisheng Criminal Evidence Rules, Liu Zhihui" of illegal evidence exclusion rules "had music non witness testimony evidence of effectiveness and admissibility rules ". These papers are sufficiently detailed to examine our evidence of legislative provisions and a comparative study of Chinese and foreign rules of evidence, demonstrated a more comprehensive understanding and application of criminal evidence rules limit rules of hearsay evidence exclusion rules, opinions, illegal evidence exclusionary rule, confessions reinforcing rules against induced interrogation rules, a direct reference to judicial activities.
The attendance of witnesses is difficult, repeated before and after the testimony of witnesses, the testimony of a witness by witness subjective psychological factors, cognitive level, the ability to express the impact, objectivity, these are long been plagued by the problem of practice handling department. Had music non-witness testimony evidence of effectiveness and admissibility rules ", through a comparative approach, to better answer the problem of how to determine the legal effect of the witness qualifications and testimony of witnesses; fully demonstrated to allow witnesses to testify in court, the introduction of direct words the necessity of the rules of evidence, and discussed measures to protect witnesses to testify from the legislative, judicial, administrative, economic, and reading is very inspiring.
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