The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of ...The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of the lenient punishment for the elderly crimes. The provision filled the legislative blank of the criminal responsibility of this special group of the old people in the criminal law of our country. But at the same time, we should also clearly see the deficiencies of the amendment （eight）. This paper attempts to sort out the rationality of the lenient application of the punishment on the older people from the aspect of the criminal policy oftemperingjustice with mercy and other aspects, and to construct and perfect the specific legislative proposals that the amendment （eight） puts forward.展开更多
The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduc...The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduced into Chinese academy of criminal law. From researches on various viewpoints about the theory of action liberal in cause in German and Japanese theories of criminal law, this paper discusses problems such as recognition of the form of a crime of action liberal in cause, the basis of straPoarkeit and how to coordinate with criminal law principles like ＂capacity for responsibility coexists with capacity for act＂. In the end, it puts forward the scheme of modification for relevant legislation of action liberal in cause.展开更多
文摘The nineteenth session of the Standing Committee of the Eleventh National People＇s Congress in February 25, 2011 approved the ＂PRC Criminal Law Amendment （eight）＂, which for the first time added the provision of the lenient punishment for the elderly crimes. The provision filled the legislative blank of the criminal responsibility of this special group of the old people in the criminal law of our country. But at the same time, we should also clearly see the deficiencies of the amendment （eight）. This paper attempts to sort out the rationality of the lenient application of the punishment on the older people from the aspect of the criminal policy oftemperingjustice with mercy and other aspects, and to construct and perfect the specific legislative proposals that the amendment （eight） puts forward.
文摘The theory of action liberal in cause has a long history. But this concept originally did not exist in our country＇s traditional crinainal law. It has caused widespread controversy and discussion after being introduced into Chinese academy of criminal law. From researches on various viewpoints about the theory of action liberal in cause in German and Japanese theories of criminal law, this paper discusses problems such as recognition of the form of a crime of action liberal in cause, the basis of straPoarkeit and how to coordinate with criminal law principles like ＂capacity for responsibility coexists with capacity for act＂. In the end, it puts forward the scheme of modification for relevant legislation of action liberal in cause.
