2004Contemporary Legal ScienceRequires access

On the Harmonized Application of the Provision of Limited Criminal Responsibility Subject

Lin Sheng Wei

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Abstract

Based on several legislative and judicial interpretations of sub-article 2 of article 17 of the criminal law, the article focuses on the application problems of this article with raising some warming debate issues and problems, solving those kinds of difficult issues by harmonized use of the principals of substantial and formally rationality. Also, this article makes a deeply analyse on the relationship between the recent relative criminal judicial interpretation and legislative interpretation.

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What this paper is about

Based on several legislative and judicial interpretations of sub-article 2 of article 17 of the criminal law, the article focuses on the application problems of this article with raising some warming debate issues and problems, solving those kinds of difficult issues by harmonized use of the principals of substantial and formally rationality. Also, this article makes a deeply analyse on the relationship between the recent relative criminal judicial interpretation and legislative interpretation.

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Available abstract

Based on several legislative and judicial interpretations of sub-article 2 of article 17 of the criminal law, the article focuses on the application problems of this article with raising some warming debate issues and problems, solving those kinds of difficult issues by harmonized use of the principals of substantial and formally rationality. Also, this article makes a deeply analyse on the relationship between the recent relative criminal judicial interpretation and legislative interpretation.

Key concepts: Legislature, Judicial interpretation, Interpretation (philosophy), Subject (documents), Rationality, Criminal law, Political science, Raising (metalworking)

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