Title: The Conviction Mode and Realization of the Function of Criminal Law in German and Japan
Abstract: The mode of conviction is the agency linking the criminal law and society. It's a crucial approach to realize the function of criminal law. The conviction mode of criminal laws in German and Japan is based on the essential ingredient theory. Action can be judged as criminality only if it possesses the three essential ingredient in sequence: deserving ill, violating the law and being responsible, thus the liberty of the accused and the others is ensured. Meanwhile, during the essential ingredient judgment course, the progression and development of society is protected by giving up intervening in some specified fields consciously. The primary way for the conviction mode of criminal law in German and Japan to accelerate the function realization of criminal law is to accelerate that of human rights protection.
Publication Year: 2003
Publication Date: 2003-01-01
Language: en
Type: article
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