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A JURIDICAL LOGIC SURVEY ON THE DUAL CRIMINAL PATTERN IN CHINESE CRIMINAL LAW
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作者 姜涛 《China Legal Science》 2014年第5期27-51,共25页
To talk about the selection process of criminal patterns as well as difficult points in it,we must first address how to properly deal with the relationship between crime and noncrime,and find out the optimal balance p... To talk about the selection process of criminal patterns as well as difficult points in it,we must first address how to properly deal with the relationship between crime and noncrime,and find out the optimal balance point between the two. Dual crime patterns are not simple penal questions in China,but are a legal principle of unique value. Legal analysis generated during the cognitive process in response to this question will impact the making of the relevant criminal standard,and it in turn forms an ideal model for a criminal standard. Therefore,we should see this criminal pattern comprehensively from the perspective of stimulation,efficacy,and modesty,and realize the change of criminal patterns from crisis to opportunity,and be alert to the Herd Instinct caused by such criminal patterns. 展开更多
关键词 犯罪模式 CRIME ADMINISTRATIVE 犯罪化 刑法问题 全方位审视 选择过程 认知过程 谦抑 二元化
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