• 我国传统刑法理论中,关于犯罪客体概念存在一定弊端

    Considering that some defects concerning the concept of the object of crime still exist in Chinese traditional criminal theory, it is therefore suggested that the concept be revised.

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  • 在我国传统刑法理论中,关于犯罪客体的概念存在着一定的弊端。

    There is a close relationship between crime target and crime object.

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  • 期待可能性理论大陆法系国家刑法理论规范责任核心要素

    The theory of anticipated possibility in criminal law, as the key element of the theory of regulated responsibility, has been commonly accepted in the continental law system.

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  • 转而讨论了两行政犯罪构成体系给予我国行政刑法理论借鉴意义

    Having then discussed the composition system of the administrative crime of two countries, and the reference meaning of theories of administrative criminal law of our country to offering.

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  • 虚拟财产出现,无论是我国民法理论还是刑法理论,都造成巨大的冲击。

    There has been a vacancy for the definition of the nature of the virtual property as so far in our country, which could probably bring some problems for law administration.

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  • 传统刑法理论过分强调二者的统一,而近年来学者过分地强调二者对立

    The traditional theories of criminal law emphasize excessively the unification of the two. And yet, recently there are scholars also emphasizing excessively the conflict of the two.

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  • 刑法理论通说认为危险存在积极中止还有一些学者认为危险犯存在积极中止。

    The majority of criminologists think there is no active desistance of crime in perilous crime, but some criminologists think there is.

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  • 职务犯罪主体构成职务犯罪必备要件也是刑法理论司法实践争议较多问题

    The subject is a essential element of crime by taking advantage of his office, which is also a controversial issue in the criminal theory and judicial practice field.

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  • 现代各国刑法理论通常作为犯罪阻却事由,特别是阻却违法正当化事由之一来处理。

    Modern criminal law theories in every country usually regard it as condition of preventing criminality, especially as justifiability of eliminating misfeasance.

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  • 大陆法系刑法理论中,行为法益关系标准,可以犯罪划分为形式实质犯。

    In the criminal theory of continental law system, crimes can be classified into offense in form and offense in substance according to the relation between act and legal interest.

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  • 经过以上学说比对分析笔者认为共犯关系解消说”符合中国刑法理论司法实践

    Through the comparative analysis of above theories, the author believes that exemption of complicity renunciation is more in line with China's Criminal Law and Judicial Practice.

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  • 原因自由行为理论西方一个颇具争论问题,它对传统刑法理论原则具有补充和完善作用。

    The theory of the free behavior by reason is a very controversial problem in the western legal field.

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  • 紧急避险我国刑法明文规定承担刑事责任的行为,期待可能性大陆法系中的重要刑法理论

    Urgent act of rescue doesn't need to bear criminal responsibility regulated in Chinese criminal law. Expecting possibility is an important criminal law theory in continent law system.

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  • 修正犯罪构成基本的犯罪构成一对相应概念并且前者早已得到国内刑法理论普遍认可

    Amendatory constitution of crime and basic constitution of crime an a couple of concepts which are corresponding, and the former has long been approved widespread by Chinas criminal theory.

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  • 人身危险性刑法理论一个极为重要范畴我国刑法典中存在大量有关人身危险性内容规定

    Personal danger is a very important scope in the criminal theory. There are a lot of contents involving personal safety in the stipulations of the Chinese criminal Law.

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  • 部分论述了我国刑法理论目前关于危险认识提出我国对刑法危险认定采取的态度选择

    This part discusses the theory of criminal law at present on the awareness of danger, puts forward the risk identified in the criminal law should adopt the attitude and choice.

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  • 共同犯罪学说称为是刑法理论的“绝望之”,“中止”又是行为人后退黄金桥梁”。

    The theory about joint crime is called 'the chapter of despair' in the criminal law , and crime determination is the 'golden bridge' of person' s behavior.

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  • 本文运用刑法理论结合相关罪名,对损害商业信誉商业声誉罪所涉及一些基本问题进行初步研究

    This article, by using the criminal law theory, combined with some relative crimes, conducts a preliminary study to some basic problems on the crime of infringing another's commercial reputation.

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  • 牵连刑法理论实践一个重要且具有实务价值课题也是刑法理论刑事司法中的疑难问题之一

    The study of implicated offender is not only a subject of important and practical value, but also one of the problems in criminal law theory and criminal justice.

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  • 原则对于刑事司法具有重要指导意义刑法理论中,刑法定原则研究有着突出地位

    For the principle of legality of criminal justice have important guiding significance in criminal law theory, the study of the principle of legality has a prominent position.

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  • 然而对照紧急避险刑法原理这种允许损害等值合法权益观点没有获得有力的刑法理论支持

    However, compare with the crimes Law principle of urgent danger escape, such viewpoint as not permit damage equal value legal right hasn't gained strong crimes theory support.

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  • 刑法原则日本欧陆诸国刑法理论中受到高度重视基本内容包括刑法的补充性、片断性宽容性

    The modesty principle is paid more attention in criminal law theory of Japan and European countries, It, s basic content are Complementatrity, incompletion and tolerance.

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  • 牵连我国刑法理论中的形态,对牵连犯的处罚原则一直理论实务部门比较关注的问题。

    Implicated offense is a kind of crime quantity in criminal theory, and the punishment principle of implicated offender is always focused on by criminal theory and judicial practice.

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  • 本文运用刑法理论分析了一起刑事案件认为被告人行为应当伪造印章伪造金融票证或者其他罪。

    This text USES criminal law theory to analyse criminal case, thinks defendant behavior should forge the crime of the seal definitely, but not forge financial coupons crime or other crime.

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  • 这些分类中我们看到域外刑法理论打击错误纳入刑法错误论体系的优胜之处,我们具有借鉴意义

    From these categories, we can see the error system of extraterritorial criminal law theory is better, which put the combat error into the criminal law system, and it has reference to us.

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  • 如此两个角度解读对于更好地理解传统学,以及比较近现代刑法理论中的类似学理仍然具有一定的积极意义

    Interpretation of the two aspects have an important influence of better understanding to traditional jurisprudence and the similar theory of modern criminal law.

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  • 刑法理论实务敲诈勒索分歧很大,从敲诈勒索罪的概念、犯罪构成要件、刑罚等各方面均存在争论。

    There are a lot of differences in the theoretical and practical circles. For example, the concept of blackmail, the constitutive elements of crime and the penalty for blackmail.

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  • 我国尽管没有人主张与法益侵害说相对规范违反说,刑法理论司法实践随处可见规范违反说的痕迹。

    The author thinks that in our country though nobody claims the theory of normviolation, there exists ideas and practices on the theory of norm violation.

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  • “利用影响力受贿罪作为一个新兴罪名诸多其他罪名千丝万缕联系刑法理论司法实践中不易区分

    As a new accusation, "Bribery crime by the influence" has many connections with many other accusations, which causes a lot of troubles in delimiting them in both theory and practice.

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  • 刑法理论通说基于我国刑法第89条追诉时效规定,认为我国刑法承认连续犯的观点,连续犯的一种曲解

    The acknowledgement of continuous offence is taken as a distortion to continuous offence, as regulated by item 89 of lawsuit limitation of legal proceedings in crimination law of our nation.

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