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2006•Journal of Hunan UniversityRequires access

An Analysis on Concept and Characteristics of Status in Criminal Law

Di S

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Abstract

The status in criminal law refers to an objective key element of personal aspects that has influence on conviction and measurement of penalty in criminal law. It is classified into such three kinds as status of actor, status of target of behavior and status of injured party of actor, and the relation between the second and the third is cross. Such status refers to the status stipulated in criminal law and that not stipulated in criminal law but can influence conviction and measurement of penalty. Such status also refers to the status of the natural person and the status of the unit. The characteristics of status in criminal law are summarized into such five aspects as follows: being objective and personal, validity, pertinence, relativity and preexistence.

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What this paper is about

The status in criminal law refers to an objective key element of personal aspects that has influence on conviction and measurement of penalty in criminal law. It is classified into such three kinds as status of actor, status of target of behavior and status of injured party of actor, and the relation between the second and the third is cross. Such status refers to the status stipulated in criminal law and that not stipulated in criminal law but can influence conviction and measurement of penalty. Such status also refers to the status of the natural person and the status of the unit. The characteristics of status in criminal law are summarized into such five aspects as follows: being objective and personal, validity, pertinence, relativity and preexistence.

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Available abstract

The status in criminal law refers to an objective key element of personal aspects that has influence on conviction and measurement of penalty in criminal law. It is classified into such three kinds as status of actor, status of target of behavior and status of injured party of actor, and the relation between the second and the third is cross. Such status refers to the status stipulated in criminal law and that not stipulated in criminal law but can influence conviction and measurement of penalty. Such status also refers to the status of the natural person and the status of the unit. The characteristics of status in criminal law are summarized into such five aspects as follows: being objective and personal, validity, pertinence, relativity and preexistence.

Key concepts: Conviction, Criminal law, Law, Element (criminal law), Psychology, Criminal procedure, Political science, Relation (database)

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