The Reform of Anglo-American Criminal Law and It's Inspiration to China
Chu Huai-zhi
Abstract
Chu Huai-zhi
Abstract
With the progress of the society and the need of the judicial practice,the judicial and theoretical circles of China are beginning to know and realize the theory and systems of the Anglo-American criminal law for promoting and improving the rule of law's construction in China.In the aspect of criminal policy,U.S.A manifests for lighter punishment for light crime, more serious punishment for serious crime.In the aspect of the criminal law's basic category and theory,possession as a form of criminal behavior,the double-level theory of causation,reckless as the form of subjective fault,etc.have specified inspiration for Chinese criminal law.In the aspect of the criminal law's operation,the precedents and sentencing guidelines of the Anglo-American criminal law is of great significance to the furtherance of criminal action and judicial impartiality in China.
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With the progress of the society and the need of the judicial practice,the judicial and theoretical circles of China are beginning to know and realize the theory and systems of the Anglo-American criminal law for promoting and improving the rule of law's construction in China.In the aspect of criminal policy,U.S.A manifests for lighter punishment for light crime, more serious punishment for serious crime.In the aspect of the criminal law's basic category and theory,possession as a form of criminal behavior,the double-level theory of causation,reckless as the form of subjective fault,etc.have specified inspiration for Chinese criminal law.In the aspect of the criminal law's operation,the precedents and sentencing guidelines of the Anglo-American criminal law is of great significance to the furtherance of criminal action and judicial impartiality in China.
Key concepts: Law, Criminal law, Political science, Theory of criminal justice, Punishment (psychology), China, Criminal procedure, Comparative law