法律方面的英语论文

法律方面的英语论文

法律方面的英语论文该如何写呢？本文是小编精心整理的的法律方面的英语论文，希望能帮助到你!

The theory of criminal law of shallow understanding errors

1. irrtumslehre

Legal irrtumslehre, namely, refers to the illegality mistake for

own behavior in law, whether what crime constitutes a crime shall

be punished by, or what is wrong, is to oneself the legal nature

of the action of meaning or misunderstandings. Legal

irrtumslehre usually includes three conditions: (1) the actor's

behavior in law does t constitute a crime, the offender and

constitutes a crime for which imaginary guilty, (2) the behavior in

law constitutes a crime and does t constitute a crime, the

offender mistaken assumptions that incent, (3) for act

constitutes a crime shall be convicted and punishment in light of

the existing errors, misunderstanding or punishment. Due to the

legal irrtumslehre, only to the behavior of the offender is not

correct understanding of the legal assessment, and for their

actions in fact correct understanding of the situation is still there,

so its act constitutes a crime shall be investigated for criminal

responsibility is and how it is not usually occurs.

（1）Imaginary innocent treatment principle

The principles for imaginary innocence, whether it involves a

deliberately elements. Foreign criminal law theory basically has

the following kinds:

1）Should know that don't speak, just for criminal facts have

understanding. Canada criminal code article 19 regulation: "the

ignorance of the law excuses and crime can be ShuZui reason."

Motto: "Roman law and legal disclaimer" somehow also expressed a principle, namely: "in the crime as subjective FanYi

established condition, not request to recognize behavior of

richtswitrig".

2）Should know the reason, according to two: moral

responsibility theory, personality responsibility theory. Moral

responsibility theory emphasizes on the rationality of free will

blame illegal conduct, is considered to be objective stance.

3）That said, the possible illegality of responsibility for

deliberately, at least to the possibility of understanding illegality.

While in China mainland, the introduction of the concept of crime

has another concept -- social consciousness that harm to discuss

richtswitrig already meaningless. Because the deliberate crime

according to law condemn the illegality of the offender is not

known, the law itself is not damaged, the law of the social

consciousness is harm. Social harm consciousness is the essential

contents of the crime, illegal consciousness is the legal form of

social consciousness. Therefore, our country law more emphasis

is on the rationality of essence, which is harmful to the society

values.

Just because of its social harmfulness, with a social moral

evaluation colour, easier for people to grasp and observe.

Therefore, the author thinks that, in general, the person need to

recognize behavior may be the result of inevitable or harmful to

the society, and has already know. With intentionally But in fact,

the forbidden by law and mass that is harmful to the society in

our country nowadays the behavior under the constitution

should be consistent, in other words, know the social

harmfulness also know the possibility of illegal, but know the

possibility of illegal is inevitable should also realize social

harmfulness, both are unified. Therefore, it is generally thought that the law is no excuse, the reason of law does not exclude the

misunderstanding in principle, but can be culpable for

deliberately discretion.

（2） Misunderstandings treatment principle. Punishment

We might as well so the essence of blame for his due: the

crime in the subjective should blame or blame, for the intent or

negligence performance. If the offender because of

misunderstanding that legal person very innocent, lack of this

should blame or condemning sexual, from the fundamental

measure, blame is absolutely not consider disclaimer. Especially

in the modern society, the legal category SAN marino, legal entry

in different fields and different levels of books, recognized,

comprehend legal apparently endless and same, so the person of

law and misunderstandings, not inexcusable. Now, both in theory

and practice, the method not cling to forgive "seems to have in

shake. Therefore, to a certain extent, can also think admits

exceptions excusable is legal misunderstanding of criminal law is

an important symbol of humanity. In addition, it was not in the

act of which is prohibited by the laws and regulations, especially

after a circumstance, should have knowledge of richtswitrig actor,

constitute the understanding of deliberate point of view, with the