JOURNAL OF HEBEI UNIVERSITY (Philosophy and Social Science) ›› 2019, Vol. 44 ›› Issue (3): 153-160.DOI: 10.3969/j.issn.1005-6378.2019.03.022

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Extension and Reflection of Circumustances from the Perspective of Judicial Interpretations

YU Zhi-qiang1,WANG Ding2   

  1. 1.College of Science and Politics, Zhejiang Sci-Tech University, Hangzhou, Zhejiang, 310028; 2.Beijing NO.4 Zntermediate Peoples Court, Beijing, 100040, China
  • Received:2018-05-20 Online:2019-05-25 Published:2019-05-25

Abstract: The Circumstances in Crime is one of the most distinguished characters in the Criminal Law of China, with the functions of conviction and non-crime, misdemeanor and felong, and is the key index to adjust the severity of criminal law network and penalty. However, the improper interpretations of the specific content of The Circumstances in Crime prevail in the judicial paper. This article tries to discuss such specific circumstances in crime as criminal record, post-crime circumstances and mass influence, aiming to implement the purpose of criminal law for legal interest protection and human rights safeguard.

Key words: circumstances, crime record, post-crime circumstance, mass influence, culpability-oriented penalty

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