On Substantive Decriminalization

ISBN-13: 9781032598307 / Twarda / 2023 / 264 str.

Liu Yanhong

Opis

Based on both judicial practice and legal theory, this book examines the phenomenon of low acquittal rates in China from the perspective of substantive law and formulates the theory of substantive decriminalization.

Spis treści

Introduction  1. Legal Basis of Substantive Decriminalization Theory: Modest-and-Restraint Principle of Criminal Law  2. Function of Substantive Decriminalization: Human Rights Protection  3. Impacts of Criminal Legislation on Legal Dogmatics: Based on the Substantive Decriminalization Theory  4. Intrinsic Basis of Legal Dogmatics of Decriminalization Theory: Concept of Crime  5. Non-Conformity of Constituent Elements: Decriminalization Interpretation of Constituent Elements  6. Illegal Decriminalization: From the Perspective of Elimination of Misfeasance  7. Decriminalization of Culpability: Analysis Based on the Relativity of Illegality  8. Decriminalization of Procedural Legitimacy: An Analysis Based on the Perspective of Criminal Integration  9. Judicial Conscience: The Path to Substantive Decriminalization beyond Legal Norms

O autorze

Liu Yanhong is Professor at the School of Criminal Justice, China University of Political Science and Law. Her research focuses on criminal law, the integration of civil, administrative and criminal laws, supervision law, and big data and Internet law.