初犯、偶犯研究.pdf

1、湖南大學(xué)碩士學(xué)位論文初犯、偶犯研究姓名：高文婷申請學(xué)位級(jí)別：碩士專業(yè)：刑法學(xué)指導(dǎo)教師：孫昌軍20050425IIAbstract In the judicial practice, among kinds of offenders first offender and occasional offender are quite typical, and their concepts are widely used. This text

2、has carried on an overall analysis to first offenders and occasional offenders which is based on criminal jurisprudence and criminology from actus reus, criminal responsibility and punishment in the humanized visual angl

3、e, in the hope of exploring scientific and effective way of rectification. The article adopts Total - Divide - Total structure, explaining first offender and occasional offender’s common theoretical question firstly, the

4、n analyzes respectively, and probes into their penalty and rehabilitation improvement finally. This text firstly explains basic theory and historic review of first offender and occasional offender, the emphasis of thi

5、s part is clarifying their meanings and extension, distinguishing from recidivist and habitual offender. This part plays a fundamental role in the text. There exist many kinds of concepts; moreover the meaning and extens

6、ion are not very definite, the text puts forward the concepts and characteristics of first offender and occasional offender, and briefly introduces the correlative legislation in civil legal system, common legal system a

7、nd our national legal system. Then the text explains first offender and occasional offender’s criminal responsibility and penalty, and obtains the way of effective prevention and punishment by analyzing foundation and pu

8、rpose of penalty. Distinguishing from retributivism, instrumentalism and mixed theories, the text concludes that Norval Morris’s Desert Band and reductivism answer the question in different levels. As far as the purpose

9、of penalty is concerned, the text advances the realization of society defense depends on individual prevention. After finishing the common theoretic base, the text explains first offenders and occasional offenders sep

10、arately. The text discusses personal fatalness, subjectivity hostility, crime philosophy, crime cause and offenders’ personality, and concludes the principle of alleviation penalty. Moreover the text advances defects in

11、judicious practice, for instance the portion of real first-time crime to bringing to trail is rather low, recommitting rate is rather high, and the structure of penalty needs improved etc. Because of the above analysi