• 民事具有不明确性、层级性的特点。

    Civil legal interest is characterized with obscurity and gradation.

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  • 权力权利法益配置基础性手段

    Besides, power and rights act as the basic means of legal interest distribution.

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  • 伪造罪公共信用

    The law benefit of the crime is public credit.

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  • 损害权利受损不利状态

    Harm is a kind of unprofitable state of which right and law have been impaired.

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  • 法益确认保护价值

    Legal interest is defined as the interest and value confirmed and protected by law.

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  • 社会公共表现消极的不足以充分实现。

    Social public economic interests can not be fulfilled which is expressed as positive legal interest.

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  • 不能普通未遂区别在于有无侵害法益现实危险

    The difference between the attempted crime and the incapable crime is how to think of the danger.

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  • 实现实质正义需要民事法益应受保护根本原因

    It is the fundamental reason of legal protection of civil legal interest to guarantee the realization of substantial justice.

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  • 经济社会性体现调整对象、调整机制目标上。

    The social feature of economic law is reflected in the object adjustment, institution adjustment and legal interest target.

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  • 法益存在因素有限制度设计不能保护所有关系

    Judicial element of existence of legal benefit of civil law is that limited institution couldn't protect all benefit relationship.

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  • 提倡确立证明法益观、科学文书观、无形伪造观、行使目的观四种基本观念

    We advocate to set up such ideas as the sense of proof, the sense of scientific documents, the sense of invisible forging and the sense of exercising purpose.

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  • 侵害存在缺陷同时考虑规范违反才能正确解释规范性质。

    There are some defects in the theory of violating legal interests, which requires that we should correctly interpret the criminal law when we take the theory of violating norms into consideration.

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  • 大陆各国侵权行为一般条款民事进行救济请求权基础

    General clause of tort law in the countries of the continental law system is the basis of claim of judicial remedy of civil legal interest.

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  • 保护胎儿本质保护胎儿活产后生命法益,胎儿享有权利能力

    The article holds that a fetus doesn't enjoy legal capacity for civil rights and fetus' interests is actually one kind of life interests.

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  • 此类案件一旦进入领域无论正确错误,均导致失衡

    Once entering the field of justice in such cases, regardless of the proper administration of justice or judicial error, the imbalance will lead to the law benefits.

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  • 死者具有人格法益受到侵害可以诉请精神损害赔偿诉权亲属行使

    Deceased persons own legal interests and their close relatives can exercise rights of action for mental compensation when their legal interests are infringed.

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  • 私人关系是行政关系始源性利关系;的本质属性

    Legal interest (private legal interest) which balances between public interest and private interest is the base of administrative law.

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  • 系统准确把握法益是正确认识诈骗罪侵害法益犯罪对象的重要前提

    The systematic and veracious cognition of legal interest of criminal law serves as a premise for us to grasp the legal interest of crime of swindling and its target.

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  • 本文首先提出贿赂犯罪侵害法益,并通过贿赂对法益的侵害,指出了贿赂的本质

    This paper has analyzed the invasion of the bribe against object of crime, through analyzing the process of the invasion, the writer has proposed the essence of the bribe crime.

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  • 环境是公众对环境享有的包括日照清洁空气权、清洁权、优美景观权等法益

    Environmental rights and interests mean the legal interests including sunshine right, cleaning air right, cleaning water right and fine scenery right.

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  • 环境是公众对环境享有的包括日照清洁空气权、清洁权、优美景观权等法益

    Environmental rights and interests mean the legal interests including sunshine right, clean air right, clean water right and fine scenery right.

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  • 大陆理论中,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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  • 权利尚未上升权利但是通过间接予以保护之后,表现的正常状态。

    When the right ought to be is not become legal right but is protected by law indirectly, it is legal interest.

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  • 地位极为特殊奠定整个私体系基础得不到重视,受到消极的保护

    Legal interest in civil law is very special. It establishes the base of rights but is ignored by civil law. All it has is passive protection.

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  • 本文试图从客观主义立场出发,从法益侵害视角出发,重新解读我们“熟知并非真知”的条文。

    This paper, on the other hand, sticking to criminal objectivism, based on the theory of violating legal interests, reinterpret this 'well-known while not truly-known 'article.

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  • 公司制度作为,一方面公司犯罪侵害对象,另一方面也是公司规范规范保护的对象。

    As the legal interests, the corporation system, is not only the object of the corporations crime, but also protected by the Company Law and the Criminal Law.

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  • 第二部分受贿罪犯罪构成进行论述,笔者受贿罪客观方面两点展开学理上分析

    The second part poses the constitution of the acceptance of bribes. Author starts the academic analysis of the acceptance of bribes from the legal interests and objection.

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  • 第二部分受贿罪犯罪构成进行论述,笔者受贿罪客观方面两点展开学理上分析

    The second part poses the constitution of the acceptance of bribes. Author starts the academic analysis of the acceptance of bribes from the legal interests and objection.

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