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Challenges to Online Criminal Litigation in the Context of Smart Justice and Responses——Focusing on the Protection of the Right to Defense
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作者 ZHENG Weiwei YAN Jiaqi SHEN Jinjun 《The Journal of Human Rights》 2024年第4期853-875,共23页
Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the... Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the“physical field”to the“virtual field”has brought great challenges to the effective exercise of the defendant's right to defense.Online criminal justice further highlights the imbalance in the relationship between prosecution and defense in the context of smart justice,and proposes a new topic for protecting the human rights of the prosecuted.The introduction of online criminal litigation in judicial practice is intended to achieve justice in a faster and more convenient way.However,the dissipation of the ritualized remote hearings tends to undermine the effectiveness of the defense and impair the defense's ability to cross-examine evidence,while the technically advantageous public authorities can aggravate the barrier to the defense's meeting and reading the case file.The root cause is that technological power instrumentalism overemphasizes pragmatism and the pursuit of truth under the position of authority,thus diluting humanistic care for the subject of litigation.In order to resolve the problem with the quality and effectiveness of the right to defense in remote hearings,it is necessary to transform online criminal litigation from a“practical technical tool”to a“convenient auxiliary method,”and appropriately weigh the limits of pursuing truth against human rights protection in special scenarios.Meanwhile,it is also feasible to provide technical care for the defense and strengthen its ability to cross-examine evidence.Moreover,a covert communication platform should be furnished for the defender's online meeting to actively strengthen the protection of the defendant's right to defense. 展开更多
关键词 online criminal litigation smart justice right to defense remote hearings human rights
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The Research On Protecting of Criminal Victims ' Rights
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作者 Yiqi Fan 《International Journal of Technology Management》 2013年第8期38-40,共3页
In the scales of the human rights protection which is not only meant to protect the basic rights of suspects, but also included the rights of victims, both are very important. However, during the execution process, th... In the scales of the human rights protection which is not only meant to protect the basic rights of suspects, but also included the rights of victims, both are very important. However, during the execution process, the criminal legal relations are always simply to be defined as the relationship between the national authorities with the suspects except the victims. The victim' s benefits and aspirations are often ignored because they are viewed as a category of witnesses. Therefore, it is against the will of legals,which is better to give the victims the concerned parties to participants the processing, then their rights can be protected and got the coordinating compensation. 展开更多
关键词 victims COMPENSATION PARTIES litigation rights
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The Criminal Governance Model of Domestic Violence and Its Legislative Improvement
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作者 KUI Jia JIANG Lin 《The Journal of Human Rights》 2024年第4期904-921,共18页
Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and t... Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence. 展开更多
关键词 domestic violence human rights protection criminal governance model legislative improvement
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Globalization of Criminal Justice and Human Rights Basic Dilemma
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作者 Paramita Ersan 《Psychology Research》 2018年第10期483-493,共11页
In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the ... In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies. 展开更多
关键词 GLOBALIZATION criminal JUSTICE human rights basic DILEMMA
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Objects of Criminal Legal Aid--Center On Judicial Justice and Human Rights Protection 被引量:1
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作者 FENG XIANGWU Law in Party School,Shantou Municipal Committee of the CPC 《The Journal of Human Rights》 2012年第3期15-19,共5页
The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient)... The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects. 展开更多
关键词 Center On Judicial Justice and Human rights Protection Objects of criminal Legal Aid
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On the Perfection of Legislation on Property Rights Protection of Criminal Suspects in Investigation Process
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作者 林铁军 《The Journal of Human Rights》 2016年第1期30-37,共8页
The property rights of a criminal suspect are an important component of human rights,but,unfortunately,may be restrained by factors in the investigation process like judicial stereotypes,legal regulations,and a lack o... The property rights of a criminal suspect are an important component of human rights,but,unfortunately,may be restrained by factors in the investigation process like judicial stereotypes,legal regulations,and a lack of initiative on the part of the rights holder,which,from time to time,may result in infringements of such rights.Thus it is necessary for us to probe into the reasons why such infringements occur and sort out the contents about enhancing property rights protection of criminal suspects in the amendment to Criminal Procedure Law.To counter the existing disregard for property rights protection of criminal suspects and its legislative deficiency,judicial reform must be carried out as to three aspects:procedural improvement,institutional establishment,and judicial transformation property rights ideas in criminal proceedings. 展开更多
关键词 criminal suspects human rights property rights protection investigation measures
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China's Criminal Law Reform from the Perspective of the International Covenant on Civil and Political Rights
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作者 焦阳 ZHAO Hongfang 《The Journal of Human Rights》 2017年第2期181-192,共12页
The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese... The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection. 展开更多
关键词 International Covenant on Civil and Political rights death penalty reform criminal procedure international crime
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From Power to Rights: Interpreting Inscribing “To Respect and Protect Human Rights” in the Amended Criminal Procedure Law
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作者 Liu Bo is a researcher with the Beijing Academy of Social Sciences. You Guozhen, Ph.D., is also with the Beijing Academy of Social Sciences. 《The Journal of Human Rights》 2012年第5期8-11,共4页
Human rights are one of the widely acknowledged value systems in the international ,community. The core of human rights lies in the life and dignity of human beings. On the one hand, criminal procedure law is related ... Human rights are one of the widely acknowledged value systems in the international ,community. The core of human rights lies in the life and dignity of human beings. On the one hand, criminal procedure law is related to life and freedom, which is the concern of everybody. On the other hand, it involves direct dialogue between national power and citizens' fights. 展开更多
关键词 in the Amended criminal Procedure Law Interpreting Inscribing To Respect and Protect Human rights From Power to rights
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Human Rights Safeguards in Criminal Procedure——An interview with Prof.Fan Chongyi
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作者 OUR STAFF REPORTER 《The Journal of Human Rights》 2007年第5期6-8,共3页
The issue relating to human rights safeguards in criminal procedure has of late attracted extensive attention. A Human Rights reporter recently interviewed Prof. Fan Chongyi of China University of Political Science an... The issue relating to human rights safeguards in criminal procedure has of late attracted extensive attention. A Human Rights reporter recently interviewed Prof. Fan Chongyi of China University of Political Science and Law on the issue. Following are excerpts of the interview. 展开更多
关键词 Pro An interview with Prof.Fan Chongyi Human rights Safeguards in criminal Procedure
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Commentary on the Newly Implemented Amendment Ⅷ to the Criminal Law Concerning Children’s Rights in China
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作者 JIANG NA,associate professor of the College for Criminal Law Science, Beijing Normal University, People’s Republic of China Ph.D. in International Law, Durham University 《The Journal of Human Rights》 2011年第6期31-34,共4页
Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights t... Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights treaties, but also is related to the priority area of the Program for The Development of Chinese Children (2011- 2020). Thus, it helps to safeguard the rights of juveniles and strengthens criminal law protection of their rights and interests. In consideration of the weak position of juveniles and the criminal law means of protecting their rights and interests, 展开更多
关键词 Commentary on the Newly Implemented Amendment s rights in China to the criminal Law Concerning Children
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From "Criminal on Death Row" to "Acquittal of Charge"——A showcase of China's human rights protection in the administration of justice
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作者 BY XIAO YOU 《The Journal of Human Rights》 2004年第5期26-28,共3页
In Januaury 1996, a case of murder shocked the seat of Qiaojia County in Yunnan Province. Eight years later, in February 2004, the county town was again astir with the news that the alleged murderer Sun Wangang return... In Januaury 1996, a case of murder shocked the seat of Qiaojia County in Yunnan Province. Eight years later, in February 2004, the county town was again astir with the news that the alleged murderer Sun Wangang returned home after being acquitted of the murder charge. 展开更多
关键词 A showcase of China’s human rights protection in the administration of justice Acquittal of Charge criminal on Death Row From to
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International Seminar on Criminal Penalty Execution and Human Rights Protection
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作者 CHEN MENGQI 《The Journal of Human Rights》 2006年第2期36-37,共2页
An International Seminar on Criminal Penalty Execution and Human Rights Protection was held in Kunming, capital of Yunnan Province from November 28-29, 2005. Sponsored by the Chinese Supreme People's Procuratorate, t... An International Seminar on Criminal Penalty Execution and Human Rights Protection was held in Kunming, capital of Yunnan Province from November 28-29, 2005. Sponsored by the Chinese Supreme People's Procuratorate, the UNDP, the Norway Parliament Administrative Supervisor's Office and the China International Economic and Technical Exchange Center of the Ministry of Commerce, the seminar was attended by more than 190 Chinese and foreign representatives from the International Prosecutors' Association, 展开更多
关键词 International Seminar on criminal Penalty Execution and Human rights Protection
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Communist Party of China and Human Rights Protection for Criminals
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作者 YAN JIA,the Crime Prevention Institute of the Ministry of Justice.PEI JUNJIE,a clerk in the Lunan Prison Education Section of Weishan County,Shandong Province 《The Journal of Human Rights》 2011年第6期14-17,共4页
Protection of criminals' human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China (CPC) has always attached much importance to the protection of crimin... Protection of criminals' human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China (CPC) has always attached much importance to the protection of criminals' human rights. Since the founding of New China, the Party and the state have paid full attention to protecting the human rights of criminals. 展开更多
关键词 Communist Party of China and Human rights Protection for criminals
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Rule by Criminal Law is a Seismograph for the Protection of Human Rights
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作者 林维 HU Liang 《The Journal of Human Rights》 2018年第1期10-12,共3页
Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on p... Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on people’s lives;on the other hand,any change to the rule by criminal law is a highly sensitive issue.In view of these points,the rule by criminal law is often referred to as the seismograph for the protection of human rights,indicating the utmost importance of rule by criminal law 展开更多
关键词 Rule by criminal Law is a Seismograph for the Protection of Human rights
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On the Criminal Protection of the Right to Education of Chinese Citizens——With a Review on Article 32 of the Amendment to the Criminal Law(Ⅺ)
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作者 贾健 余燕娟 XU Chao 《The Journal of Human Rights》 2021年第1期80-94,共15页
The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to educati... The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time. 展开更多
关键词 the right to education functional improvement the secondary protection of criminal law the positive view of criminal law reform path
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The Rationale for Victims' Cooperation in Cases of Pleading Guilty and Accepting Punishment from the Perspective of Protecting the Right of Action
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作者 赵恒 JIANG Yu(译) 《The Journal of Human Rights》 2021年第3期473-495,共23页
In the context of the more frequent application of the leniency system for pleading guilty and accepting punishment,the connotations of the rules on victim involvement should be enriched in the 2018 Criminal Procedure... In the context of the more frequent application of the leniency system for pleading guilty and accepting punishment,the connotations of the rules on victim involvement should be enriched in the 2018 Criminal Procedure Law.Victims deeply influenced by the concept of cooperative justice will also have an intention to cooperate,thus resulting in a rationale for victims’cooperation.Victims’cooperation features a subjectivity of interactivity,understanding,and constraint.This kind of cooperation faces the accused,the procuratorial organ,and the court.The jurisprudential function of the rationale for cooperation of victims is embodied in such aspects as recognizing the victims as eligible subjects,enhancing the legal force of the recognizance in a case of pleading guilty and accepting punishment,and consolidating the legitimate basis for victim to obtain legal assistance.Oriented to protecting right of action of the victim,understanding and developing the rationale for the cooperation of the victim can start by reaching a judicial consensus on the"two limits"principle,optimizing the right of action system for victims,achieving the interconnection of multi-level litigation systems,and improving the rules on lenient punishment to enrich the plan for protecting victims’right of action in cases of pleading guilty and accepting punishment. 展开更多
关键词 victims right of action leniency system for pleading guilty and accepting punishment concept of cooperative justice
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Racial Disparities in the United States Criminal Justice System:“With Liberty and Justice for All?”
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作者 Remi Alapo David Rockefeller 《Journal of Philosophy Study》 2019年第7期424-430,共7页
Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experien... Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”. 展开更多
关键词 CIVIL rights CIVIL liberties criminal JUSTICE reform RACIAL inequalities Fair Sentencing Act(FSA) massincarceration RACIAL discrimination PRISON privatization racism RACIAL disparity RACIAL JUSTICE REPARATIONS SenateBill S6098A U.S criminal JUSTICE System U.S.Prison System
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坚持和发展民主集中制原则推进新时代中国刑事诉讼制度现代化 被引量:5
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作者 洪浩 《政法论丛》 CSSCI 北大核心 2024年第1期37-52,共16页
全国人大已将《刑事诉讼法》的修改列入本届人大的工作规划之中。作为规范刑事诉讼程序、约束诉讼主体行为的基本法律,应该明确刑事诉讼中公权力机关之间职能分工的工作原则。民主集中制是我国《宪法》规定的国家机构组织和活动原则,同... 全国人大已将《刑事诉讼法》的修改列入本届人大的工作规划之中。作为规范刑事诉讼程序、约束诉讼主体行为的基本法律,应该明确刑事诉讼中公权力机关之间职能分工的工作原则。民主集中制是我国《宪法》规定的国家机构组织和活动原则,同时也是我国现行刑事诉讼确立的公权力机关之间职能分工的指导原则,具体表现为公检法等机关在刑事诉讼中“分工负责、互相配合、互相制约”的工作原则。民主集中制决定了我国刑事诉讼中权力的集中本位及其分工的相对性。新时代应该发展刑事诉讼中的民主集中制原则,顺应权力本位向权利本位转变的时代潮流,以实现民主集中制原则与刑事诉讼制度的根本自洽,推进刑事诉讼现代化。 展开更多
关键词 刑事诉讼 权力分工 权力本位 权利本位 司法民主
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数据产权刑法保护模式的构建 被引量:2
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作者 刘宪权 陈佩莉 《法治研究》 CSSCI 北大核心 2024年第1期63-73,共11页
数据产权是一种具有财产权属性的新型权利,该权利与虚拟财产权和知识产权具有明显差异。数据产权属于刑法保护的公法益范畴,其应归属于市场经济秩序法益之中。现行刑法有关财产犯罪、知识产权犯罪和数据犯罪的规定均无法实现对数据产权... 数据产权是一种具有财产权属性的新型权利,该权利与虚拟财产权和知识产权具有明显差异。数据产权属于刑法保护的公法益范畴,其应归属于市场经济秩序法益之中。现行刑法有关财产犯罪、知识产权犯罪和数据犯罪的规定均无法实现对数据产权的全面保护。刑法对数据产权的保护应以促进数据流通为主要目标,且应当覆盖数据处理的各流程阶段。对侵犯数据产权行为进行刑法规制时,应对“未经同意”获取数据行为审慎入罪。应增设妨害数据流通管理秩序罪,对“情节严重的”妨害数据流通管理秩序行为予以刑法规制。 展开更多
关键词 数据产权 财产性权利 法益定位 刑法保护缺位 妨害数据流通管理秩序罪
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犯罪预防、被害人保护与犯罪追诉权配置——以《刑法修正案(十二)》为背景 被引量:1
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作者 陈金林 《苏州大学学报(法学版)》 CSSCI 2024年第2期61-75,共15页
《刑法修正案(十二)》引发了有关亲告罪设置范围的讨论。当前支撑国家追诉原则的“公共利益”,在法益侵害的框架下理解,混入了不具有法益资格的宏大概念,且犯罪与法益之间的事实关联常被替换为被害人的主观联想;在犯罪预防的意义上理解... 《刑法修正案(十二)》引发了有关亲告罪设置范围的讨论。当前支撑国家追诉原则的“公共利益”,在法益侵害的框架下理解,混入了不具有法益资格的宏大概念,且犯罪与法益之间的事实关联常被替换为被害人的主观联想;在犯罪预防的意义上理解,则会导致过度主观化、情绪化。犯罪追诉权的配置是一个权衡问题,如果犯罪仅侵犯个人法益,追诉犯罪可能反噬被害人的利益,且预防犯罪的利益并非明显优于被害人因犯罪追诉而被侵蚀的利益,就应当将犯罪追诉权配置给被害人。立法未将民营企业内部犯罪规定为亲告罪,但应当根据立法目的对相关规定作合目的性改造,将其追诉权配置给被害企业。 展开更多
关键词 刑法修正案(十二) 民营企业内部犯罪 亲告罪 法益 自诉
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