scholarly journals Responsibility for Rape under the Criminal Law of the People’s Republic of China

2018 ◽  
Vol 5 (4) ◽  
pp. 125-130
Author(s):  
A A Bimbinov
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Sexual Contact ◽  
Negative Consequences ◽  
Republic Of China ◽  
Common Features ◽  
Domestic Legislation ◽  
Violent Acts ◽  
Criminal Legislation

A subject of the real research is the criminal legislation of People’s Republic of China on responsibility for rape. In work object of the specified crime is investigated, characteristic of the victim and subject of offense is given, the content of signs of the objective and subjective parties of crime reveals. Also characteristic of the qualifying signs is given in article. It is noted that studying of the foreign legislation and practice of its application is important both from theoretical, and from practical the points of view. Experience of foreign legislators allows to consider possible negative consequences when reforming the domestic legislation. The analysis of judicial practice, opinions of the Chinese and domestic scientists, the kriminogenic and qualifying signs allowed to establish strong and weaknesses of the Chinese legislation regarding a regulation of responsibility for rape. The Russian and Chinese criminal legislation has many common features. In many respects it is caused by the long-term socialist direction of development of the Russian Federation and People’s Republic of China. Nevertheless, the Chinese criminal legislation in the studied part has certain differences. So, for example, social, cultural and political and legal features of the Chinese system did not allow it to develop balanced by criminal - a legal mechanism of protection of the person against sexual encroachments irrespective of his floor. Now in criminal law of People’s Republic of China there is no independent responsibility for violent acts of sexual nature with penetration (anal, oral sexual contact) concerning males (in Russia such actions form the corpus delicti provided by Article 132 of the Criminal code). Such actions, despite high public danger, on the current edition of the law can be qualified only as infliction of harm to health or as dissolute actions.

scholarly journals New Trends in the Development of Criminal Law in Modern China: a Review of Changes in Chinese Criminal Legislation

2021 ◽  
Vol 15 (1) ◽  
pp. 115-123
Author(s):  
Dongmei Pan
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Modern China ◽  
Economic Damage ◽  
Public Healthcare ◽  
Republic Of China ◽  
Special Part ◽  
Criminal Legislation

The article discusses the latest changes in the Criminal Code of the People’s Republic of China that were introduced at the end of 2020. The amendments were adopted after numerous revisions and discussions, and were officially published on December 26, 2020. As a result, fifteen new offences were added to the Criminal Code, and 47 articles were modified or amended. These amendments refer to financial security, intellectual property, security of public healthcare, production of food and medications, and the regulation of criminal liability for crimes connected with minors. Thus, they reflect the reaction of criminal legislation to public life through the criminalization and penalization of some publically dangerous actions. At the same time, they indicate the direction of Chinese criminal policy that combines «leniency» and «strictness». For example, most of the newly added offences are minor. On the whole, changes and amendments to the current Criminal Code of China are connected with different institutes of criminal law: reduction of the age of criminal liability for some offences; addition of new offences; introduction of changes and amendments to the dispositions and sanctions of some of the existing offences; provision of an opportunity to impose penalties that are under the lower limit determined by the corresponding Article of the Special Part of the Criminal Code of China if the property obtained in the crime is recovered, or the economic damage to the victim is compensated.

Principles Of Law In Modern Criminal Law Of China: Historical And Legal Analysis

2021 ◽  
pp. 160-167
Author(s):  
X. Shan
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
People’S Republic Of China ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Public Authorities ◽  
Republic Of China ◽  
Criminal Legislation ◽  
Principle Of Legality

The article looks into the evolution of the concept of “the principles of criminal law” in the legislation of the People’s Republic of China during the second half of the twentieth century. The principles of law are recognized as the normative foundations of law, which determine the general scope, main peculiarities and the most significant features of legal regulation. The article studies a number of definitions offered by some Chinese scientists who dealt with the theoretical and legal problems. The People’s Republic of China was created on October 1, 1949 against the background of destroyed economy, demoralized society, prevailing chaos and the unstructured nature of public authorities. In that period, no codified criminal law was in place. Some criminal acts of that time showed that any fundamental principles were included in the system of criminal legislation either. The first Criminal Code of the People’s Republic of China of 1979 did not mention any principles of law, whereas the Criminal Code of 1997 provided for three fundamental principles, which became the subject of our analysis. These are the principle of legality, also known as the principle of no punishment for doing something that is not prohibited by law (nullum crimen, nullum točka sine lege), the principle of equality of citizens before the law, the principle of conformity of criminal-legal measures to the nature and circumstances of crime. It is these principles that have been reflected in the current criminal code. Despite the amendments of criminal law introduced over the last few decades, the principles of law have remained unchanged. The conclusion to the publication makes a suggestion to introduce the general principle of humanism into in the General Provisions of the Criminal Code of China. The scholar believes that this principle should be recognized as the key principle of the criminal law of China, and will aim to ensure the democratic nature of Chinese criminal law.

KRIVIČNOPRAVNA ZAŠTITA ŽIVOTNE SREDINE U ZAKONODAVSTVU REPUBLIKE SRBIJE I STANDARDI EVROPSKE UNIJE

2021 ◽  
pp. 297-312
Author(s):  
Višnja Randjelović ◽  
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Criminal Code ◽  
The European Union ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
Social Visibility ◽  
Criminal Protection ◽  
Legislative Activities ◽  
Criminal Legislation

With the raising of the social visibility of numerous forms of injury and endangerment of the environment, as well as the raising of people's awareness of the need for wider and more intensive environmental protection, a special group of crimes aimed exclusively at environmental protection is being formulated. Criminal protection of the environment should be viewed through the basic three characteristics of criminal law - its fragmentation, accessory and subsidiarity in order for this protection to be justified and to represent the ultima ratio in environmental protection. This position is taken both in the national criminal legislation and at the level of the European Union, within the framework of whose rich legislative activities in this field the states are again appealed to criminalize and prosecute crimes against the environment, when other measures of social reaction to damage and destruction of the environment does not give satisfactory results. Comparing the criminal offenses against the environment contained in the Criminal Code of Serbia with the actions whose incrimination is proposed within the EU regulations, it can be noticed that the domestic legislation is essentially harmonized with EU law. What remains "uncovered" is criminal law protection against noise, given that noise protection is regulated in domestic legislation within the framework of misdemeanor law.

Criteria for Establishing the Status of Law Enforcement Officers under Criminal Legislation of Ukraine

2021 ◽  
Vol 13 (2) ◽  
pp. 9-10
Author(s):  
Stanislav Eftemij
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Abuse Of Power ◽  
Study Results ◽  
Domestic Legislation ◽  
The Status ◽  
Criminal Legislation

The theoretical and practical difficulties in using criminal law measures against law enforcement officers who exceed power or official authority are studied here. The types of law enforcement agencies of Ukraine are clarified, and the signs of division of their system are described. The criteria for determining the status of law enforcement officers are established, and the features that distinguish an official from the support staff are emphasized. Finally, the most common disadvantages enshrined in the Criminal Code of Ukraine in terms of liability for abuse of power or official authority by law enforcement officers are analysed. The concepts of law enforcement officers, persons carrying out law enforcement activities, persons endowed with law enforcement powers, executors of law enforcement functions and the meaning and instances of their application in domestic legislation are also investigated. In light of the study results and the requirements of current criminal law, including the positions of criminal law scholars, suggestions for possible ways to eliminate existing regulatory shortcomings are provided.

scholarly journals Force And Threat Of Violence Are As The Ways Of Commission Of Rape: National And Foreign Experience

2021 ◽  
Vol 58 (1) ◽  
pp. 1123-1132
Author(s):  
F. Kh. Khudaykulov
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Sexual Contact ◽  
Industrialized Countries ◽  
Bodily Injury ◽  
Foreign Countries ◽  
The Republic ◽  
Criminal Legislation ◽  
Similar Substance ◽  
Do So

Rape and other sexual assaultsare commonly committed in industrialized countries, and are becoming more common throughout the world. Insome countries’ jurisdictions, male-female rape is the only form of rape counted in the statistics. many countries may not define forced and threat of violence sex on a spouse as “rape”. But those criminal acts are considered a crimein criminal law which belongs to those countries. Although rape is expressed the same in the legislation of different countries, it differs in some. rape as a crime is three the ways of commission crime. They are force, threat and sexual intercourse committed by abuse of helpless. Sometimes rape is committed by other means, with children, serious bodily injury and others. Some terms are used by legislation of different countries. They are: sexual act, sexual contact, force, threat, abuse of helpless, serious bodily injury from rape, by other means. Rape is committed by force or threat knowingly causes another person to engage in a sexual act by using force against that other person or by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. On other hand rape is committed by other means knowingly renders another person unconscious and thereby engages in a sexual act with that other person or administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby substantially impairs the ability of that other person to appraise or control conduct and engages in a sexual act with that other person or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. Rape is committed with children means that criminal act knowingly engages in a sexual act with another person who has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstances with another person who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than the person so engaging). But in the criminal code of Uzbekistan with children is considered in a sexual act with another person who has not attained the age of 14 years. This article illustrates that the ways commission ofrape, including the theoretical and practical problems of the ways commission of rape. As well as in this article are given relevant conclusions, suggestions and recommendations by the analysis of the criminal law of developed foreign countries (USA, Canada, England and Wales, New Zealand, Germany, France and Russia). In addition, proposals and recommendations for further improvement of the criminal legislation of the Republic of Uzbekistan.

Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

scholarly journals Criminal Law Protection of Reproductive Health: Current Challenges

2019 ◽  
Vol 12 (2) ◽  
pp. 147-153
Author(s):  
E. L. Sidorenko
Keyword(s):  
Reproductive Health ◽  
Human Genome ◽  
Criminal Law ◽  
Policy Development ◽  
Practical Importance ◽  
Criminal Policy ◽  
Criminal Code ◽  
Research Findings ◽  
The Individual ◽  
Criminal Legislation

The subject of the research is the specifics of the criminal law protection of reproductive health in the Russian legislation. The topic was chosen due to the increasing dynamics of crimes related to limitation on the reproductive rights of women and men and unauthorized manipulation of the human genome. Despite the growing need for providing a regulatory framework for this kind of relationships, the system of their criminal law protection is only beginning to take shape, therefore, a necessity arises to revise traditional approaches to the protection of the individual. Therefore, the purpose of the paper was to understand the system of criminal law protection of reproductive health in terms of its compliance with trends of medical practices and dynamics of socially significant diseases based on both traditional principles of scientific analysis and the results of applying sociological methods of data processing, which made it possible to identify the most significant directions of the Russian criminal policy development. Moreover, the critical analysis method was used in the research that showed the inconsistency of the system of criminal law prevention of criminal abortions, contamination with socially significant diseases and illegal use of the human genome. Based on the research findings, an author’s model of criminal prevention of attacks on reproductive health has been built and its systemic assessment is given. It is concluded that the legislator is inconsistent in assessing the attributes of an unlawful abortion; the accounting of contamination with certain socially significant diseases is inadequate; the laws prohibiting the use of the human genome need to be included into the Criminal Code of the Russian Federation. The conclusions formulated in the paper have practical importance and can be taken into account by the legislator in the reform of the current criminal legislation.

scholarly journals Legal Nature and Features a Continuing Crime

2021 ◽  
Vol 15 (4) ◽  
pp. 442-455
Author(s):  
Konstantin Obrazhiev
Keyword(s):  
Criminal Law ◽  
Plenary Session ◽  
Criminal Code ◽  
Destructive Effect ◽  
Legal Nature ◽  
The Supreme Court ◽  
Theory Of Crime ◽  
Objective Side ◽  
Conscious Control

The author singles out constituent features of a continuing crime: 1) a continuing crime, although legally completed, is happening continuously until its actual completion; 2) a continuing action has a complex two-element structure: the first element of the objective side of a continuing crime is the action or inaction of the guilty person that legally constitutes a crime, and the second element is the subsequent continuous behavior that «stretches» the objective side of the continuing crime in time; 3) a continuing crime is producing a non-stop destructive effect on the object of criminal law protection, and the long-term deformation of this object happens because of the action itself, not the consequences caused by it; 4) by committing a continuing crime, the person preserves conscious control over the action after its legal completion, regulates his behavior, controls the process of inflicting harm on the object of criminal law protection, which makes it possible to recognize the person as active (non-active) in the criminal law sense; 5) only a crime with a formal construct of corpus delicti can be continuing. The abovementioned features together could act as reliable criteria for determining the chronological boundaries of specific criminal actions, as a key to resolving theoretical disputes and law enforcement problems connected with classifying a certain action as continuing. The article stresses that the permanent character of a continuing crime cannot be explained through the prism of the theory of a continuing criminal condition. Such an interpretation of a continuing crime, common in Russian and foreign research, contradicts the established tenets of the classical theory of crime. Only an act in the form of action or inaction can be recognized as a continuing crime, but not a state, situation, or status. Based on this, the author gives a critical assessment of Art. 210.1 of the Criminal Code of the Russian Federation that provides for the liability for holding the highest position in a criminal hierarchy. The objective side of a continuing crime has the following manifestations: 1) continuing criminal inaction; 2) a crime legally completed by an action, and continuing through inaction; 3) continuing action. Based on this, the author states that the description of a continuing crime contained in the Decree of the Plenary Session of the Supreme Court of the USSR of March 4, 1929 No. 23 (edition of the Decree of the Plenary Session of March 14, 1963, No. 1) should be specified.

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