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On Natural Crimes: The Significance of and Approach to Exploring Their Contemporary Legislative Value(PDF)

《南京师大学报》(社会科学版)[ISSN:1006-6977/CN:61-1281/TN]

Issue:
2022年05期
Page:
117-126
Research Field:
法学研究
Publishing date:

Info

Title:
On Natural Crimes: The Significance of and Approach to Exploring Their Contemporary Legislative Value
Author(s):
WANG Zhen
Keywords:
natural crime legal crime basic morality contemporary value dual-track legislative system
PACS:
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DOI:
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Abstract:
Under the background of “legal crime era”, natural crimes specified in our criminal code are in an embarrassing situation and have become comparatively smaller in number. Moreover, the legislative model of the integration of natural crimes and legal crimes is full of drawbacks, and the definition and determination of legal crime itself has shortcomings in many aspects. In this situation, it is of practical significance to explore the legislative value of natural crimes, which can help maintain and strengthen the basic morality of society, provide the public with psychological support for the authority of criminal law, and offer a benchmark for determining the conviction and punishment of legal crimes. In order to consolidate the value of natural crimes, it is necessary to implement a dual-track legislative system. This system can not only maintain the stability of the criminal code of natural offenders, but also provide a basis for the public to psychologically distinguish natural crimes from legal crimes. This distinction can help prevent people from transferring their loathing of natural crimes to legal crimes, which will lead to heavy penalties in legislation and infringe upon the freedom and rights of the people. Therefore, adopting the dual-track legislative system can provide a new constructive approach for the current criminal legislative model.

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Last Update: 2022-10-25