Amended Criminal Law reduced the confines of subject of malfeasance and exposed disadvantages of legislation at the same time: (1) caused conflict between criminal substantive law and procedural law;
I stress on three requests to the objective aspects of the crime of evading taxes. The first is the illegality of the action, which includes the break of tax material law and the tax procedural law.
Based on the theory of corporate crime, I am going to reconstruct a system for dealing with crime grounded on the theory of and provisions in criminal substantive law and criminal procedural law.
This paper concentrates on the material law and procedure law problems such as the definition, conditions, statutory sentences, voluntary surrender, and certification of crime of holding a huge amount of property with unidentified sources.
The principle of criminals′ penalty execution derived from the basic principles of criminal law. It concerns to legislation, procedure law and the law of criminal execution.
From the view of criminal procedure law, we should enhance the protection of witnesses, expand the measures of collecting evidence,and sign contracts about sharing bribes with other countries.
Second, the localizations of relation are different because of the different kinds of criminal law. In the criminal entity law, what is pursued is that“utility has priority, giving consideration to justice".In the criminal procedure law,what is pursued is that“justice is preferential,giving consideration to utility".
Based on scientific crimes and realistic penalty views, and the science foundations on therational Criminology and the prove of the scientific intension of moderation principle ofcriminal law, judging with the standard and implementation method, This dissertation tendto promote the developing benignly of criminal law .
The law about this kind of crime is very valuable, but the contemporary law about this kind of crime in our legislation covers too narrowly because our legislation is limited by the absolute private prosecution system.
When dealing with specific constitutional construction of crime, the theory of integration under 3-D thinking guidance refers to the unity of procedural and substantive laws within the system, which provides reasonable framework for its construction.
Traditionally, the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law, administrative law, criminal law, procedural law, international public law, etc.
Subjects who received judges' instructions performed significantly better than uninstructed subjects on questions about the procedural law, but no better on questions about the substantive (criminal) law.
Currently the Civil Procedure Law stipulates rather "high conditions" for lawsuits and the reason is that in the institutional design, we have equated the conditions of adjudicating the merits with those of lawsuits and the initiation of lawsuits.
The related standards of the criminal law should be improved with strict liability in our country,we should adopt the strict liability in environment crime;limit the estent of tenalty regarding the entity law;it's necessary to restrict the application of the entity liability regarding the law of procedure etc.
The behavioral offense refers to such crimes that do not require the harmful results and the basic constitutive conditions are all ready as soon as the behavior has completed. The behavioral offense is quite different from the consequential offense and other kinds of crimes in the criminal object, the features of behavior and the subjective elements of crimes. The basic constitutive features of behavioral offense are beneficial to recognize and determine the behavioral offense.
The issue of the crimes with underworld characteristics has drawn more and more attention in the theory of criminal law and practice in China.At present,the development of the crimes with underworld characteristics is in a new stage,evolving into the typical underworld crimes.However,the legislation with respect to the underworld in the Criminal Law lacks foresight and perfection.The legislation concerning the underworld crimes must be strengthened and perfected.Special provisions must be made in the aspect...