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This chapter tries to solve the following issues:as theconscious awareness of law-makers,the penalty-crimerelationship determines how to make law;as the form ofideas,the penalty-crime relationship regulates and guidesthe process of law-making and judicature;penalty andcrime as provided by law is nothing but the model for thepenalty-crime relationship presupposed and defined bylawmakers;the presupposition and definition of thepenalty-crime relationship is the value-based evaluativeactivity on the grounds of cognition;the change invalue-based criteria and the inherent contradiction of theobjective to beevaluated is the fundamental precondition for the definitionof the penalty-crime relationship;the change in classcontradiction is the basic cause for the change inevaluative criteria;the change in the objective to theevaluated reflects the demands and interests of the rulingclass to a certain extent,and lastly;as the evaluativeform of negating crime,penalty and its effectiveness dependheavily on the unity of compulsiveness and justice.
文章论述了刑罪关系作为立法者的自觉意识决定着刑事立法;刑罪关系作为观念的形式,规束并引导着立法和司法,法律中规定的犯罪与刑罚,是立法者设定的刑罪关系范式;刑罪关系的设定是以认识为基础的价值评价活动,价值标准的变动性和评价对象的内在矛盾性,是刑罪关系设立的根本前提,指出了阶级矛盾的变化是导致评价标准不确定的根本原因;评价对象的转移,在一定程度上反映出统治阶级利益的需要。刑罚作为对犯罪否定评价的方式,其有效性在于强制性与正义性的统一。
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Author analyses the cost, benefit and efficiency in detail, and comes to three conclusions: first, the aim is to get the minimal cost from the sum of direct cost and erroneous cost in economy; second, the highest point exists when marginal cost crosses marginal revenue; third, the design of the minimal cost in criminal summary procedure system must insist three principles: punctual, brief and justice.
在这一部分中,笔者通过对刑事简易程序进行成本分析、收益分析以及效率分析得出了三个重要的结论:一是从经济学的角度看,刑事简易程序的目的就是要使直接成本和错误成本之和最小化;二是刑事简易程序成本投入的最佳水平是其边际成本与边际收益相交的均衡点;三是为了实现成本的最小化,在设计刑事简易程序制度时应当坚持三个原则——及时原则、精简原则和最低公正原则。
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We shall have the same respite ( and the same manner in rendering justice [4] ) concerning the disafforestation or retention of those forests [4] which Henry our father and Richard our brother afforested, and concerning guardianship of lands under the fief of another (that is, the guardianships we had up to now because of a knight's fee someone else held from us), and with abbeys founded in fiefs other than our own, in which the lord of the fief claims to have a right.
我们应具有相同的喘息(并以同样的方式伸张正义 [ 4 ] )中有关废或保留这些森林 [ 4 ] ),其中亨利的父亲和我们的兄弟理查德造林,以及有关土地的监护下,封地的另一(即guardianships我们到现在因为骑士的费用别人从我们这里举行),并与修道院始建于领地以外我们自己,其中主的封地声称权利。
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But is a hero to say, two contain same place and there is also the place of dissimilitude, homology of place performance at:They all have the spirit to"endure" in the personality, all Be forced to participate in war like and hold to start revolution.All of them are the incarnations of kindnesses, justice, are the hero that the people admire and respect.
但作为英雄来说,二者有相同之处,也有相异之处,相同之处表现在:他们在性格中都有"忍"的精神,都是被迫参与战争及举行起义的,他们都是仁慈、正义的化身,是人民敬仰的英雄。
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As to the new theories about the kind of thing sacraments are, the canons[21] condemn those who say: that there are more or less than seven sacraments instituted by Christ our Lord--baptism, confirmation, the Eucharist, penance, extreme unction, order, marriage--or that any one of these is not truly a sacrament in the full sense of the word; that these sacraments only differ from the sacraments of the Jewish dispensation as one ritual from another; that the sacraments are not a necessity of salvation, but that through faith alone, and without the sacraments at all, man can obtain from God the grace of Justification; that the sacraments were instituted for the purpose of nourishing only faith; that the sacraments do not contain and confer the grace which they signify--as though they were but outward signs of the grace or justice received through faith, badges of Christian profession that mark off the believer from the infidel; that the sacraments do not themselves confer grace by the very activity of the sacrament, but that only faith in the divine promises is sufficient to obtain grace; that all Christians have the power to administer all the sacraments; that any pastor of the Church can change the received and approved rites used by the Church in the solemn administration of the sacraments.
至於新的理论对这种事圣礼是,该炮[ 21 ]谴责那些谁说:有多於或少於7圣礼所建立基督我们的上帝-洗礼,确认,圣体,忏悔,临终,秩序,婚姻-或任何其中之一是没有一个真正的圣礼在充分意义上的;这些圣礼只有不同於圣礼犹太分配作为一个仪式从另一个;的圣礼没有必要救赎,但仅通过信仰,并没有在所有的事,男人可以得到上帝的恩典的理由;的圣礼被提起,目的是滋养只有信仰;的圣礼不包含并赋予它的恩典他们象徵-就像他们的迹象,但外向的恩典或司法收到通过信仰,徽章的基督教界人士说,马克从信徒从异教徒;的圣礼本身并不赋予宽限期的非常活动圣礼(当然opere operato ),但只有信仰的神圣承诺足以获得宽限期;所有基督教徒有权力来管理所有的圣礼;,任何教会牧师可以改变收到并批准使用的仪式在庄严的教堂行政管理圣礼。
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In this photograph a hostile crowd in a slum surrounds him. And Joshua remains silent as they vented their rage against him. This image, to me, is almost like from a Shakespearean play, with a man, surrounded by various influences, desperate to hold on to something true within himself, in a context of great suffering that he has created himself.I was intensely moved during all this. But the question is, does forgiveness and redemption replace justice?
塞内加尔年轻人,坐在轮椅上,他曾是童兵,受将军指挥,直到他抵抗命令,将军开枪射断他的双脚,图中,他也原谅了将军,将军冒生命危险走向人们,尤其是那些亲人遭其谋害的人们,这张相片中,一群充满敌意的贫民窟居民将他围住,Joshua 保持沉默,他们不断发泄对他的愤怒,这张影像对我而言,简直就像是莎翁剧本,一个人被多种势力包围,不顾一切要从他身上挤出些许的真实,全因他主导所产生的一切苦难,这对我产生了强烈的震撼,但问题是,宽恕与赎罪是否能取代正义?
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But he shall select by lot no person who is seventy years of age or older, or is serving in some magistracy or office, or is presiding over a court of justice, or is curator for the distribution of grain, or is prevented by illness from performing this compulsory public service, after he has taken oath to that effect in the Senate and has given three members of the Senate to swear to his incapacity, or is a cognatic or agnatic kinsman of the defendant, so that he is exempted by the Julian Law on judiciary matters from testifying as a witness in public court against his will, or if the defendant takes oath in the presence of the Senate that such a person is his personal enemy, provided that he does not reject more than three in this way.
但抽签选中的人员中,不得有年已70或以上的;或正在履行其官职或军职的;或正在主持法庭审判的;或担任罗马谷物分发总监的;或因病不能履行其强制性的公益服务的(其本人将为此在元老院起誓,并有3名元老就其不能履职起誓);或身为辨方的族亲或宗亲,循朱里安法之规定得免于在公开得法庭中就司法事务违背其本人意愿作证;或辨方在元老院面前起誓为其私敌者(但辨方为此缘故拒绝者不得超过3人)。
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Sometimes the Principle that punishment should be restricted to those who have voluntarily broken the law is defended not as a principle which is rational or morally important in itself but as something so engrained in popular conceptions of justice [4][4] in certain societies , including our own, that not to recognize it would lead to disturbances , or to the nullification of the criminal law since officials or juries might refuse to co-operate in such a system.
有时,&惩罚应限于故意违法者&,这一原则之所以被维护,不是因为其本身便具合理性或在道德上至为重要,而是因为其是如此渗透到了某些社会的、深得人心的公正观念24[4]之中,以致不承认它,便会导致混乱,或因法官或陪审团在这样的制度中拒不合作而导致刑法被弃而不用。
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Summarizes, in the system that the worker unilaterally dissolves the contract in advance , must insist the principle of worker layering, all along regard the benefit between the worker and employer to be balanced well as the correspond point; for the system that the worker unilaterally dissolves contract immediately, must base our country national condition, on the one hand must maintain well the worker\'s related rights and interests, on the other hand must use judgment to consider employer\'s actual situation; in the worker\'s responsibility investigation, must differentiate illegal responsibility and the responsibility for the breach of contract, insisting the policy that the compensation primarily and the punitive auxiliary, to achieve the goal that in legal liability, morality and justice and the utilitarian are organic unified.
概括起来,在劳动者单方预告解除制度中必须坚持对劳动者分层的原则,始终将平衡好劳动者与用人单位的利益作为切入点;在劳动者单方即时解除制度方面,必须立足我国国情,既要维护好劳动者的相关权益,又要酌情考虑用人单位的实际情况;在对劳动者责任的追究上,必须要对违法和违约责任进行区别,坚持补偿性为主、惩罚性为辅的方针,以达到法律责任(来源:AfbBC论文网www.abclunwen.com)的道义性和功利性的有机统一。来源:d2AB97C论文网www.abclunwen.com
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In this paper, the judicial practice in the application of quasi-national staff of the criminal law of corruption, legislation and judicial interpretation to explain specific cases encountered or may encounter the problem, in theory, be explained and applied to specific cases of legal ideas and value judgments, with a view to give the work of criminal justice practices, especially in the fight against economic crimes, the work of staff to provide some suggestions and comments.
本文对司法实务部门在适用有关准国家工作人员贪污犯罪法条、立法解释和司法解释处理具体案件过程中遇到或可能遇到的问题,在理论上予以阐释并提出适用于具体案件的法律理念和价值判断,以期能给刑事司法实务工作人员特别是从事打击经济犯罪工作的人员的工作提供一些建议和意见。
- 推荐网络例句
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We have no common name for a mime of Sophron or Xenarchus and a Socratic Conversation; and we should still be without one even if the imitation in the two instances were in trimeters or elegiacs or some other kind of verse--though it is the way with people to tack on 'poet' to the name of a metre, and talk of elegiac-poets and epic-poets, thinking that they call them poets not by reason of the imitative nature of their work, but indiscriminately by reason of the metre they write in.
索夫农 、森那库斯和苏格拉底式的对话采用的模仿没有一个公共的名称;三音步诗、挽歌体或其他类型的诗的模仿也没有——人们把&诗人&这一名词和格律名称结合到一起,称之为挽歌体诗人或者史诗诗人,他们被称为诗人,似乎只是因为遵守格律写作,而非他们作品的模仿本质。
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The relationship between communicative competence and grammar teaching should be that of the ends and the means.
交际能力和语法的关系应该是目标与途径的关系。
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This is not paper type of business,it's people business,with such huge money involved.
这不是纸上谈兵式的交易,这是人与人的业务,而且涉及金额巨大。