However, some legislation defects on accusation, criminal object and target, criminal subject, sorts of punishment and sentence and criminal jurisdiction have been existed in this crime. 然而,该罪在罪名、犯罪客体和对象、犯罪主体、刑种和量刑、刑事管辖权等方面都存在一些立法缺陷。
And the news media are almost always subject to laws of general applicability& that is, laws that apply to everyone but that do not single out the press for special obligations or punishment. 新闻媒体几乎一向受具有普遍适用性的法律的制约,这种法律为所有人所一律遵守,不包含对新闻界的特殊责任要求或惩罚规定。
Criminal executive power has an ultimate significance to finally realizing the aim of criminal punishment. However, pluralization of the executive subject of criminal punishment has directly weakened the effect of the executive of punishment. 刑事执行权对最终实现刑罚目的具有终极意义,但刑罚执行主体的多元化直接削弱了刑罚执行的效果。
Judicial cognizance of this crime is the third part that discusses crime and non-crime, the cognizance of subject, distinction of two similar crimes, numbers of the crime and criminal punishment. 论述本罪的罪与非罪,责任主体的认定,此罪与彼罪的界限,罪数问题和刑事处罚。
Fundamental principles of "Law of the PRC on Punishments in Public Order and Security Administration" should include principle of statutory punishment, which contains the contents of statutory subject of punishment, statutory kinds of punishment, and statutory procedures of punishment; 《治安管理处罚法》的基本原则应当包括:处罚法定原则,含有实施处罚的主体法定、处罚种类法定、处罚程序法定三方面内容;
In the second chapter, it analyzes the current problems and their causes in the implementation of the administrative punishment, and points out the problems in the establishment and the application of the administrative of the subject and right of the punishment. 第二部分:分析了行政处罚在实施过程中存在的问题和原因,指出了行政处罚制度在处罚主体、处罚权的设定方面,以及在行政处罚的适用、程序、法律责任方面所存在的问题。
Only when the system of criminal law is regarded as an organic part of social system and subject to the social system, it is possible that the foundation of punishment is united. 刑罚根据的统一只有在将刑法系统看作社会大系统的一个有机组成部分、受制于社会大系统的情况下才有可能。
Fourthly, this paper probes into legal liability from the subject and measures of punishment. 第三,论文从处罚主体和处罚办法等方面论述了法律责任的完善。
After the surrender of the perpetrators has rendered meritorious services in general, the subject of criminal liability is "can be lighter or mitigated punishment." Only in surrender with the combination of great merit, obtain an absolute reduction of sentence. 犯罪人在自首后又有一般立功的,所受到的刑事责任是可以从轻或者减轻处罚。只有在自首与重大立功相结合,才能获得绝对减刑。
Therefore, it has an important theoretical and realistic significance in the research to the subject of prevention and punishment to the crimes against humanity. 因此,防止并惩治反人道罪的课题研究具有重要的理论意义和现实意义。
However, there are some obvious discriminations in Chinese Criminal Law, which are reflected as the deficiency of the protection for non-public ownership economy, different treatments in respect of criminal subject and discretion of punishment. 但是我国刑法对非公有制经济还明显存在歧视,主要表现在对非公有制经济保护的缺失、犯罪主体上和量刑上的区别对待等等。
First of all, the subject of crime of malfeasance, the crime of dereliction of duty scope of cognizance of crime of dereliction of duty loss results and judgment of light punishment, should the legal level further refinement and consummation. 对于渎职犯罪主体范围问题、渎职罪损失结果认定问题以及渎职罪判决轻刑化问题,应在法律层面上进一步细化和完善。
In this regard, this paper from the criminal object, objective aspect of crime, criminal subject, subjective aspect of crime and punishment to five aspects of the conduct of the illegal exploitation of water legislation discussed. 对此,本文主要从犯罪客体、犯罪客观方面、犯罪主体、犯罪主观方面以及法定刑五个方面对非法开采下水的行为进行了立法探讨。