For a long time, the clause about the crime of falsifying patents is failed to illustrated fully in our penal code, which resulted in a great deal of dispute in practice as well as in theory. 我国刑法典分则对侵犯专利权犯罪的规定仅有假冒他人专利犯罪。而刑法典对于假冒他人专利罪的笼统规定使得该罪在理论上和实践中均存有诸多争议。
Penal integration must offer the penalty practice with reasonable structure and smooth mechanism. The structure and the operation mode of the short-term imprisonment go harmoniously with penal integration. 刑事一体化必须创造结构合理、机制顺畅的刑法实践,短期自由刑的构造与运作模式正与之契合。
But in the present penal code theory and judiciary practice, with regard to this basic question such as the relation between employment criminal and complicity; the ceased state of employment criminal and the criminal responsibility of various conductor, there still exist quite great appreciable differences. 而在刑法理论和司法实践中,有关雇佣犯罪的基本问题,如雇佣犯罪与共同犯罪的关系、雇佣犯罪的停止形态问题以及雇佣犯罪中各行为人的刑事责任等,仍存在较大的认识分歧。
The penal stipulation to the subject range about crime of illegal medical practice is too narrow, and there is also a great deal of contradictory regulation between Criminal Law and Practicing Physicians Law so it can not achieve the legislation goal. 《刑法》对非法行医罪主体的规定过窄,且与《执业医师法》的诸多规定矛盾,达不到设立该罪的立法目的。
Though < < penal code>> to robs the guilt does original code regulation in 1979 is owing to the fact that the regulation must the comparison principle, difference on having given rise to a lot the administration of justice in the practice to know. 虽然1979年《刑法》对抢劫罪作了明文规定,但由于规定得比较原则,在司法实践中产生了不少认识上的差异。
Psychological intervene on convicts is needed to penal administration and scientific reform practice. 对犯罪人的心理干预是刑事监管与科学改造的时代需要。
Only a few Provisions on fine penalty were made available in penal code of 1979 in China, which have been rarely applied in practice. 我国1979年刑法典规定罚金刑的条款不多,实践中适用较少。
However, since the 1997 penal code puts into practice, because of the complexity of the individual cases circumstance, how to comprehend with apply that item create big dispute; 然而,自1997年刑法典实施以来,由于个案情况的复杂性,对如何理解和适用该条款,产生的争议最大;
Many different voices about it can be heard in theoretical world. Working on these problems will be helpful to realize the penal action system, perfect legislation and guide judicial practice. 对这些问题的研究,将有助于进一步认清刑事附带民事诉讼制度,有助于完善立法及指导司法实践。
After the implementation of the new Penal Code, unless the object of a crime on the crime of illegally practicing medicine more consistent understanding of academia and practice, the subjective of the crime of illegally practicing medicine in the understanding there has been large differences. 新刑法实施以后,学术界和实务界除对非法行医罪的犯罪客体认识较为一致外,对非法行医罪的主体在认识上一直存在较大的分歧。
As the crime target of robbery in the current Penal Code was too abstract and general, many of the issues not related explanation to be provided, which also led directly to the theoretical study of the differences in judicial practice and brings many confusing and inconvenient problems. 由于现行刑法对抢劫罪的犯罪对象的规定过于抽象、概括,许多问题没有相关解释加以规定,这也直接导致了理论研究中的分歧和在司法实践中的众多困惑和不便。
Subjective purpose elements of perjury under the Penal Code," with intent to implicate another person or concealing criminal evidence "of academia and practice is still controversial, the focus of debate is the subjective purpose of the legislation of perjury whether it is reasonable to be qualified. 对于我国刑法规定的伪证罪主观目的要件,即意图陷害他人或隐匿罪证,学术界和实务界尚存争议,争论的焦点主要在于立法对伪证罪的主观目的加以限定是否合理。
In the fourth part of this thesis, I explored the constitution mode by which the penal judges hold the commission of a crime, based on judicial practice by aforementioned comparison and analyze and combining the fixed model of criminal assertion in the Chinese judicial practice. 紧接着,在论文的第四章,从司法实践出发,通过上述比较与分析,结合我国司法实践中犯罪认定的固定模式,探寻刑事法官认定犯罪的构成模式。
The conception of penal code and morality of canons in Han Dynasty had entered deeply into the thoughts of law, their systems, and the operation of practice, and formed the historical connection between the rituals and the laws. 汉代经学刑德观已经深入到汉代法律思想、法律制度、法律实践的运作之中,形成了礼与法的历史连接。
From European penal reform, it can be found that a sentence of Imprisonment is so different from the theories addressed by the scholars at this times, Moreover, as early as in the practice of these penalties was earlier than these theories. 从18世纪欧洲各国的刑罚改革中可以发现,监禁刑在很多地方与当时刑法家们所提出的刑罚理念并不一致,而且监禁刑的实践早于这些刑罚理论的产生。
This paper on social and penal execution Legitimation analysis, combined with academic research and the requirements of judicial practice, to find some combination of the two points. 本文拟通过对行刑社会化和刑罚权正当化进行分析,结合学界的研究成果以及司法实践的要求,找出一些两者的结合点。
The circumstances of the Penal Code because of the statutory sentencing made clear its specific provisions, in judicial practice is not in accordance with the laws and regulations exist there is too much controversy. 法定量刑情节由于刑法对其作了明文具体的规定,在司法实践中按照法律规范不会存在太大的争议。
The handling of interlocked penal and civil cases has always been a tough problem in judicial practice. 在司法实践中,刑民交叉案件的处理一直都是个难题。
It should be noted that in the current Penal Codein the subject of the crime of harboring, and shielding to ignore the practice of human relations of affection, artificially made between reasonable and legal tension. 应当看到,在我国现行《刑法》在窝藏、包庇罪的犯罪主体上无视人伦亲情的做法,人为地在情理与法律之间的制造了张力。
These practices include expanding the scope of protection, to give up the elements of purpose, improve the penal system, while drawing on the useful foreign-related legislation, judicial practice and do effective prevention and control of copyright crimes. 这些做法包含扩大保护范围,放弃目的要件,完善刑罚体系,同时借鉴国外有益的相关立法、司法实践,做好对著作权犯罪的有效防控。
Concluding the specific forms of the penal and civil cases can shows the characteristics of the cases and helps the juridical departments to handle the cases more quickly and more accurately in practice. 归纳刑民交叉案件的具体表现形式,能够相对具体的体现出各类典型刑民交叉案件的特点,便于司法机关在实际工作中快捷、准确的处理案件。