刑法如何面对家庭秩序
发布时间：2018-10-08 09:28
【摘要】：正家国同构,家是国家的基础,是秩序的塔层,但是家国之间的界限又是清楚的,国家在家庭秩序中往往充当了"拯救者"的角色,刑法就是其中的拯救手段之一。只是,刑法在介入家庭秩序时有别于介入一般意义上的治安犯罪,有其自身特殊的法理。如果立法者不关注这种特殊性,则会带来自身的正当性危机。虽然现今社会中家事犯罪呈现出愈来愈多、愈来愈疑难的趋势,但由于司法实践对此类案件缺乏必要的知识与训练,加之案件负荷量十分沉重,司法机关对此类案件多
[Abstract]:The home is the foundation of the country and the tower of the order, but the boundary between the family and the state is clear. The state often acts as the "savior" in the family order, and the criminal law is one of the means of salvation. However, criminal law is different from public security crime in general sense when it comes to family order, which has its own special legal principle. If legislators do not pay attention to this particularity, it will bring their own legitimacy crisis. Although there are more and more family crimes in the society nowadays, but due to the lack of necessary knowledge and training in judicial practice, and the heavy load of cases, the judiciary has more and more cases of this kind of cases.
【作者单位】： 南京师范大学法学院;
【分类号】：D924.1
，
本文编号：2256273
[Abstract]:The home is the foundation of the country and the tower of the order, but the boundary between the family and the state is clear. The state often acts as the "savior" in the family order, and the criminal law is one of the means of salvation. However, criminal law is different from public security crime in general sense when it comes to family order, which has its own special legal principle. If legislators do not pay attention to this particularity, it will bring their own legitimacy crisis. Although there are more and more family crimes in the society nowadays, but due to the lack of necessary knowledge and training in judicial practice, and the heavy load of cases, the judiciary has more and more cases of this kind of cases.
【作者单位】： 南京师范大学法学院;
【分类号】：D924.1
，
本文编号：2256273
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