中国最严重的袭警案_对袭警行为独立定罪的质疑 南京廖华

  本文关键词：对我国袭警事件的法理分析，由笔耕文化传播整理发布。

谢辞

我要感谢我的指导老师荆培才老师。她为人随和热情，治学严谨细心。本论文是在荆老师的亲切关怀和悉心指导下完成的。她严肃的科学态度，严谨的治学精神，精益求精的工作作风，深深地感染和激励着我。从选题、定题开始，一直到最后论文的反复修改、润色，荆老师始终认真负责地给予我深刻而细致地指导，帮助我开拓研究思路，精心点拨、热忱鼓励。荆老师不仅在学业上给我以精心指导，同时还在思想、生活上给我以无微不至的关怀，在闲聊中她总是能像知心朋友一样鼓励我。在此谨向荆老师致以诚挚的谢意和崇高的敬意。

我要感谢我的舍友们，他们不仅在百忙之中抽出时间帮助我搜集文献资料，，还对本论文的完善提出了诸多宝贵的意见和建议。对他们的帮助表示真挚的感谢。

参考文献

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The Concept of Crime and Crime Causes

〔America〕E ? H ? Sutherland

Crime is facing criminal behavior. No matter how a behavior immoral, should be condemned or mean, if not for prohibited by the criminal law, it is not a crime. According to the definition of traditional criminal law is promulgated by the regime of human behavior of the specific rules of the overall, it is widely used in by the rules of the adjustment of all the members of each class, and by using the state shall implement penalty. Criminal law is different from other adjustment of the rules of human behavior, political, special feature is qualitative, consistency and criminal sanctions. However, these are an ideal, completely reasonable criminal law system characteristic; In practice, the criminal law and other adjustment the behavior of people the difference between the rules is not clearly defined boundaries for ourselves, and a criminal law is often not the ideal characteristics are the characteristics of the effect of the criminal law.

The characteristics of some provisions of the criminal law is the law of criminal behavior appear in the constitution, the treaty, common law, by the state legislature and its subordinate authorities and the laws of the judicial and administrative regulations. However, the criminal law is not only written banned provisions of the assembly. Law enforcement authorities of the court, therefore, to determine the meaning of the court of law and not the legislature. According to a school's point of view, the court just squarely on delivery of the court all applicable law. But, the court and the applicable laws interpretation use when technology and hold the ideal of equal, as written laws, is the practice as part of the law. The court in a dispute as to be part of the decision of the regulations, can be used for other controversial ruling...... The court action is behind public opinion. In court and legislative intermediary organs, for example, is between the police, these organs affect law enforcement and implementation. Many regulations have never been the implementation; Some regulations is only occasionally implementation; Other regulations in the implementation of obviously ignore consistency. The implementation and enforcement agencies have also been public opinion, the influence of the legal circles, a leader of the judge, are in the practice of the law depends mainly on public opinion (see pound the American criminal justice 1930 edition page 120). Therefore, the law is not just in the provisions of articles, unchanged, the law could change.

Political almost was widely believed to be a necessary factor of the criminal law. 外文资料

Trade union, church or the family rules are not considered criminal law, breaking the rules of behavior not considered crime. Only breaches of the law is formulated by the state crime. When people's attention to some of the society, the patriarchal power, appear here private trial, public trial and other can create legal justice, state and other organizations not only is the difference between an arbitrary, and it is difficult to set up.

Particular is thought to be a key element in the definition of the criminal law, and it is in this respect for the criminal law and civil law were compared. Civil law is general. On the other hand, the criminal law to a particular behavior general to strict definition, and when doubt whether the definition of a law that explains the defendant's behavior, and the judge has the responsibility to make judgement for the defendant.

According to criminal law, the traditional definition of consistency or regular sex, is a factor, because the law, whether anyone trying to justice impartially. This means that no matter what his social position offenders are no exception to the shall bear criminal responsibility; The provisions of the criminal law as a criminal behavior is crime, no matter the implementation of the ACTS of the who. Consistency also means: in the process of the enforcement of the law shall not be considered offenders or accused of the perpetrators of the social status. However, in practice, the ideal has been changed greatly.

Criminal sanctions against the traditional criminal law is a key element in the definition, it involves such a notion, that criminals should be punished, or at least the deterrent threat of punishment by state. According to the punishment of the law is different from the mob pressure is: it is by the punishment the representative of the country for around is applicable, passion to win Guan Mazhe impartial judge with the calm after. A law if not set can cause pain punishment, it is thought to be completely incompetent, in fact, no criminal law.

From the Angle of the origins of the nature of the criminal law of criminal law see is a kind of social control power for its origin, many of the theory has established. First, according to classical theory of criminal law school, produced in tort in, or for the individual of infringement. According to this theory, all kinds of infringement is supposed to be specific personal damage; Later, after a series of excessive, the group is responsible for handling these behaviors, all kinds of infringement is supposed to be group or the country's violations.

The second theory, the criminal law is produced in a unified social reasonable working process. When infringement, the society will have to take action and made a regulation to prevent to appear this kind of infringement. An alternative explanation is

  本文关键词：对我国袭警事件的法理分析，由笔耕文化传播整理发布。