At present, there are 130 kinds of institutional crime in the substantive law, but the cases of unit crime which are punished are few, I hold that it is the cause of the problem. 当前,实体法规定的单位犯罪有130多种而实际判处的单位犯罪案例却极少,这恐怕是问题的症结所在。
An exploration into crime equaling penalty principle is virtually an interpretation of the relationship between two substantive categories: crime and penalty. 对罪刑均衡的考察实质上是对罪刑关系的解读,罪刑均衡原则是犯罪和刑罚两大实体范畴之间的关系范畴。
In view of the barriers in implementing the principle of universal jurisdiction, both substantive law and procedure law should be further perfected and developed to be favorable for conducting effective arrest and punishment against the actor of international crime. 针对普遍管辖原则实施的障碍,我国应在实体法和程序法两方面进一步完善和发展,以利于对国际罪行的行为人进行有效的缉捕和惩治。
This theory is based on the economy of criminal law, substantive illegality as well as pluralism of illegality, the punishable illegality should be considered as removing of illegality in the system of crime constitution. 这一理论是基于刑法的谦抑性、实质的违法性、违法的相对性三个方面的基础而提出来的,其在犯罪论上的体系地位应当认为是阻却违法性。
But in the criminal substantive law the question of punishment fits the crime and discretion power of the judge is inseparable, the academic circles discretion how many has to in discretion of punishment judge involves, but carries on the discussion on conviction then very little. 而刑事实体法中的定罪量刑问题和法官自由裁量权是密不可分的,学术界对量刑中的法官裁量权多少有所涉及,但在定罪中进行探讨的则少之又少。
Based on the above discussion, the author further analyzes the substantive criminal law issues faced by investigation by planted agent, such as police entrapment, commitment of a crime, or not preventing a crime, by the planted police agent for the purpose of criminal investigation. 在此基础上,文章进一步分析了卧底侦查中面临的刑事实体法问题,如陷阱侦查、警察亲自实行犯罪及不阻止犯罪行为等。我国刑法对单位犯罪中犯罪单位的处罚只规定了罚金刑。
Therefore, we should integrate formal source with substantive source and on this basis, we define differences and links between duty in law and duty in morality, thus normalizing the act duty of Crime of Omission. 在此基础上,将法律义务与道德义务的区别与联系明确下来,从而使不作为犯罪中的作为义务更为规范。
There are two types of concept of crime: one is substantive concept of crime, the other one is normative concept of crime. 对犯罪概念可以划分为两种类型:一种是实质的犯罪概念,另一种是规范的犯罪概念。
There is a major conflict between the system of civil suit collateral to criminal proceedings and the current criminal legal system in China, resulting in insufficient procedural and substantive safeguards for the victims of crime. 我国刑事附带民事诉讼制度与现行诉讼法律体系存在着很大的冲突,不能给予受害者应有的程序保障和实体保障。
The Mainland law system from have form obligations and substantive obligations, while there is no provision in the criminal law on it at home. The problem to decide which obligations are suitable for negative crime becomes the business of theory. 大陆法系国家有形式的作为义务说和实质的作为义务说,目前,我国法律没有关于作为义务的明文规定,确定义务存在与否的重任就落在了刑法理论的肩上。
Not only are a number of crime-constitutions realized one by one, but also each crime-constitution has substantive action in punishment fits the crime. 在吸收犯中,数个犯罪构成不但被具体的实现,且每个犯罪构成在定罪和量刑中都具有实质的作用。
To consider the protection of the object of the substantive crime has finished as standards. 认为以犯罪保护客体的实质性侵害完毕为衡量的标准。
We should advocate substantive interpretation for that it starts from the nature of crime and overcomes the difficulties of vague statements. 实质解释因从犯罪本质出发对非法占有作出解释,克服了刑法条文表述模糊的困难,因而应当得到提倡。
In the field of criminal investigations substantive research, including evidence of a crime for the acquisition, effective ways and means of investigation, as well as credit card crime prevention measures, can be said to remain relatively scarce. 而在侦查领域的实质性研究,包括犯罪证据的获取、有效的侦查途径和方法,以及针对信用卡犯罪的防范措施等方面,可以说仍然比较匮乏。
First, the crime against the legal interests of private is the application of substantive elements of the criminal Reconciliation, The benefits of crime against the law for a single legal interests, the sole benefit should be private legal interest. 首先,犯罪侵害的法益为私人法益是刑事和解适用的实质要件。
That needs further review, due to structural and substantive discrepancies between unit joint crime and joint crime by natural persons and the specialty of the unit as a subject of crime. 由于共同犯罪的犯罪构成与单个人的犯罪构成在结构、内容上有很大不同,再加上单位犯罪主体的特殊性,因此必须分别进行深入的考察。
The two dimensions determine the two aspects, formal and substantive, of the principle of a legally prescribed punishment for a specified crime. 合法性的两个维度决定了罪刑法定的两个侧面:形式侧面与实质侧面。