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热心网友
1, Abstract: Qinghuan received sentences of the development trend of the impact of criminal fines of more and more attention by legislators in the national criminal legislation in the application of the more widely. In our country 97 of the Penal Code, the Penal Code on criminal fines made a lot of application of the provisions, which reflects the legislative progress. With the accelerated process of China's legal system, criminal law, criminal fines of slightly less than the requirements, especially for criminal fines in the criminal negligence of the application is a serious lack. This paper briefly introced the concept of criminal fines, the characteristics and advantages at the same time, discusses in detail the concept of criminal negligence and content. Through analysis of China's Criminal Law in criminal fines in the criminal negligence in the application of the status quo, trying to point out that criminal legislation in this regard missing. Criminal negligence as a major fault for the psychological characteristics of the crime, with criminal penalties apply the rationality and necessity. Therefore, China's criminal legislation should provide for criminal penalties in the application of criminal negligence, to continue to apply the new situation.
Key words: a fine of criminal negligence criminal fine of criminal offence to deliberately
2, Abstract: The broad discretion exists in China's administrative organs of specific administrative acts and acts in the abstract. The existence of administrative discretion and modern administrative activities suited to the needs. However, the administrative discretion susceptible to abuse leading to its easy to deviate from the orbit of the rule of law. The rule of law set up a series of theoretical system to ensure that the discretion of the legitimate operation. China's "Administrative Procere Law," the relevant provisions of China's reality show that the judicial review of administrative discretion, including specific administrative discretion and abstract review of administrative discretion. China's judicial review of administrative discretion whether the legal basis for the "legitimacy" or a "reasonable", the key is it specific, the objective of. The article then introced a judicial review of objective criteria: the principle of proportionality, the balance of interests principle, the principle of equality. Only in the discretion of the objective criteria constitute a violation of the law, judicial discretion to the administrative review. If the discretion is the general misconct, the judiciary should exercise restraint, respect for the discretion of the executive authorities. China should strengthen the independence of the courts and amending the relevant provisions of the scope of the proceeding, and graally expand the scope of judicial review of discretion. To grasp the judicial review of the "degree", China's administrative litigation in the field of case law system and the jury system.
Key words: judicial review of administrative discretion innovation system
热心网友
1, Abstract: Receives the penalty leisurely trend of development the influence, the fine punishment more and more obtains legislator's value, is more and more broad in the various countries' criminal activity legislation applicable scope. In our country 97 years penal code, the criminal law has made the massive stipulations suitably to the fine punishment, this has manifested in the legislation progress. Along with our country legal system advancement quickening, the criminal law reveals the insufficiency slightly to the fine punishment stipulation, to the fine punishment in the error crime suitable aspect is the serious vacancy in particular. This article while the brief introction fine punishment concept, the characteristic and merit, elaborated the error crime concept and the content in detail. Through analyzes in our country criminal law the fine punishment in the error crime suitable present situation, attempts to point out the criminal legislation in this aspect flaw. The error crime took one kind take the error psychology as the main characteristic crime, has is suitable the fine punishment the rationality and the necessity. Therefore, our country criminal activity legislation should stipulate the fine punishment in error crime being suitable, is suitable the new situation which appears unceasingly.
Key word: Fine punishment; Error crime; Intentionally crime; The fine punishment is suitable .
2, Abstract: The administration decides after deliberation widely exists in Our country Administrative organ's concrete administrative action and the abstract administrative action. The administration decides after deliberation the existence and the modern administration activity needs to adapt. Thus but, the administration decides after deliberation is abused easily causes it to deviate easily the government by law track. The government by law theory establishes a series of systems to guarantee the legitimate movement which the administration decides after deliberation. Our country, "Administrative Proceral law", the correlation stipulation actual indicated our country administration decides after deliberation the judicial examination decides after deliberation the examination including the concrete administration which decides after deliberation with the abstract administration. Our country judicature examination administration decides after deliberation no matter the legal basis is “the validity” “the rationality”, the key is its concrete application, the objectification. The article afterwards introced the judicial examination objective standard: Proportion principle, benefit balanced principle, equal administrative principle. Only then decides after deliberation when the administration violates the objective standard constitution illegal, the judicature can to the administration decide after deliberation carries on the examination. If the administration decides after deliberation only is general improper, the judicature should maintain the restraint, respect administrative organ's deciding after deliberation. Our country should from strengthen the court the independent status and the revision is embarked the document scope correlation stipulation, expands the administration to decide after deliberation the judicial examination graally the scope. In order to grasp the judicial examination “”, our country may in the administrative proceedings domain establishment case-law system and the jury system.
Key word: The administration decides after deliberation; Judicial examination; System innovation
