“大学生掏鸟案”的刑法学分析

发布时间：2018-02-15 11:09

本文关键词： 非法猎捕、收购野生动物资源大学生掏鸟案法定犯　出处：《天津商业大学》2017年硕士论文　论文类型：学位论文

【摘要】：随着“建设法治中国”进程不停地向前推进,我国人民群众的法治监督观念、用法维权意识也在逐步加强,而媒体的积极活动也使得人民法院审判执行工作和队伍建设工作中的各种“瑕疵”、“不足”与“错误”被频频曝光,针对法院和法官的一些谣言也时时出现,致使我国人民对于判决的公平公正产生了极大的怀疑,司法公信力受到了极大的挑战。本文在结构方面分成五个部分;第一章导论对“大学生掏鸟案”的背景进行简要介绍;第二章简述“大学生掏鸟案”的基本案情以及争议焦点;第三章从定罪与量刑角度对“大学生掏鸟案”的争议焦点进行了分析;第四章与第五章从刑法学角度探究“大学生掏鸟案”引发的思考与完善建议分析;最后是结语。本文试图通过对“大学生掏鸟案”的定罪与量刑争议焦点进行分析,从而对刑事立法、刑法的执法、刑法的适用于操作以及刑事法治意识的完善提出相应的完善建议,通过对各个法律部门的价值冲突、衡量进行分析,构建一个各部门紧密合作,以达到促进立法、司法、执法以及人民懂法之间的合理、有效衔接机制,从而使得司法作为实现公平正义的最后一道防线可以充分弥补立法与执法的不足与缺陷,从而实现个案公平,为我国建立良好的法治社会创造一个更好的环境,法制建设“深入民心”的同时“深得民心”,从而形成“良法之治”的和谐社会。
[Abstract]:As the process of "building a China ruled by law" continues to move forward, the people's sense of supervision over the rule of law and the awareness of safeguarding their rights by law are also gradually being strengthened. And the positive activities of the media have also made various "flaws" in the people's court's trial execution and team building work, "shortcomings" and "mistakes" frequently exposed, and some rumors directed against courts and judges have also appeared from time to time. As a result, the people of our country have great doubts about the fairness and justice of the judgment, and the credibility of the judiciary has been greatly challenged. This paper is divided into five parts in terms of structure. The second chapter briefly describes the basic facts of the case and the focus of controversy, the third chapter from the conviction and sentencing point of view of the "college student bird extraction case" controversy focus was analyzed. Chapter 4th and Chapter 5th, from the angle of criminal law, probe into the thinking and perfection suggestion caused by the case of "University students pulling out Birds". Finally, it is the conclusion. This article attempts to analyze the focus of controversy on conviction and sentencing of the case of "College students pulling Birds". Therefore, the author puts forward the corresponding suggestions for the perfection of criminal legislation, the enforcement of criminal law, the application of criminal law to operation and the consciousness of criminal rule of law. Through the analysis of the value conflict of various legal departments, the author analyzes the value conflict of each legal department, and constructs a close cooperation between each department. In order to achieve a reasonable and effective link between legislation, justice, law enforcement and the people's understanding of the law, so that the judiciary as the last line of defense to achieve fairness and justice can make up for the deficiencies and shortcomings of legislation and law enforcement. So as to realize the fairness of individual cases, to create a better environment for the establishment of a good society under the rule of law, and to build a harmonious society of "good law governance" while the legal system is "deeply rooted in the hearts of the people" at the same time.
【学位授予单位】：天津商业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.1

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