• 回答数

    3

  • 浏览数

    255

最美遇见微风
首页 > 论文问答 > 与法律有关的英语论文选题

3个回答 默认排序
  • 默认排序
  • 按时间排序

一点流殇

已采纳
The theory of criminal law of shallow understanding irrtumslehreLegal irrtumslehre, namely, refers to the illegality mistake for own behavior in law, whether what crime constitutes a crime shall be punished by, or what is wrong, is to oneself the legal nature of the action of meaning or Legal irrtumslehre usually includes three conditions: (1) the actor's behavior in law does not constitute a crime, the offender and constitutes a crime for which imaginary guilty, (2) the behavior in law constitutes a crime and does not constitute a crime, the offender mistaken assumptions that innocent, (3) for his act constitutes a crime shall be convicted and punishment in light of the existing errors, misunderstanding or Due to the legal irrtumslehre, only to the behavior of the offender is not correct understanding of the legal assessment, and for their actions in fact correct understanding of the situation is still there, so its act constitutes a crime shall be investigated for criminal responsibility is and how it is not usually (1)Imaginary innocent treatment principleThe principles for imaginary innocence, whether it involves a deliberately Foreign criminal law theory basically has the following kinds:1)Should know that don't speak, just for criminal facts have Canada criminal code article 19 regulation: "the ignorance of the law excuses and crime can be ShuZui " Motto: "Roman law and legal disclaimer" somehow also expressed a principle, namely: "in the crime as subjective FanYi established condition, not request to recognize his behavior of richtswitrig"2)Should know the reason, according to two: moral responsibility theory, personality responsibility Moral responsibility theory emphasizes on the rationality of free will blame illegal conduct, is considered to be objective 3)That said, the possible illegality of responsibility for deliberately, at least to the possibility of understanding While in China mainland, the introduction of the concept of crime has another concept -- social consciousness that harm to discuss richtswitrig already Because the deliberate crime according to law condemn the illegality of the offender is not known, the law itself is not damaged, the law of the social consciousness is Social harm consciousness is the essential contents of the crime, illegal consciousness is the legal form of social Therefore, our country law more emphasis is on the rationality of essence, which is harmful to the society Just because of its social harmfulness, with a social moral evaluation colour, easier for people to grasp and Therefore, the author thinks that, in general, the person need to recognize his behavior may be the result of inevitable or harmful to the society, and has already With intentionally But in fact, the forbidden by law and mass that is harmful to the society in our country nowadays the behavior under the constitution should be consistent, in other words, know the social harmfulness also know the possibility of illegal, but know the possibility of illegal is inevitable should also realize social harmfulness, both are Therefore, it is generally thought that the law is no excuse, the reason of law does not exclude the misunderstanding in principle, but can be culpable for deliberately (2) Misunderstandings treatment PunishmentWe might as well so the essence of blame for his due: the crime in the subjective should blame or blame, for the intent or negligence If the offender because of misunderstanding that legal person feels very innocent, lack of this should blame or condemning sexual, from the fundamental measure, blame is absolutely not consider Especially in the modern society, the legal category SAN marino, legal entry in different fields and different levels of books, recognized, comprehend legal apparently endless and same, so the person of law and misunderstandings, not Now, both in theory and practice, the method not cling to forgive "seems to have in Therefore, to a certain extent, can also think admits exceptions excusable is legal misunderstanding of criminal law is an important symbol of In addition, it was not in the act of which is prohibited by the laws and regulations, especially after a circumstance, should have knowledge of richtswitrig actor, constitute the understanding of deliberate point of view, with the attitude of this understanding, of course, that is not the illegality or by the simple statement The author thinks that the only when the legal establishment of may, FangKeZu but The fact mistakeThat mistake, is to determine its subjective behavior nature and the criminal responsibility of the relevant facts wrong From the wrong reasons and phenomenon of angles, generally known that there are several mistakes:(1) Object irrtumslehreThe object is known for errors, whether there is objectively error It includes actor in the implementation of the existing criminal behavior of the hazards for the object and actually does not exist, or for criminal object and actually does not exist, or infringe a criminal object and actually invaded another crime The object of objects is usually known errors caused by mistake, but the object of different social relationship reflects Evil doer of objects and actual expected in fact not only harm object does not agree, and in the nature of law is not Therefore, the object irrtumslehre may affect the form of sin, crime accomplishment, and may even attempted to influence the For example, in view of the circumstances, not a thought before the enemy, and a party came to stick, afterwards just know the ox was A thought of damage is "people", and the actual wounded is "cow", do not belong to the same laws of the Similar situation and will generally be mistaken for drug trafficking items, Actor will stolen items in the theft of guns in stealing This object from the subjective errors, see, is a kind of mistake, From the objective, because the mistake crime to no avail, where the criminal attempted 1)Object mistakeObjects can be generalized mistake, including object mistake to belong to the object know mistake is inevitable object These include, is known to be wrong object of legal property of the same object mistake and legal properties of different objects, namely the object irrtumslehre In order to distinguish with the object mistake here, the cognition to the same object only mean error between the different objects, namely the misunderstanding of the evil doer expected objects and actual harm to the object, but not in fact in the legal nature of the same This object mistake again say things on purpose mistake not criminal As a reserve, killing b shall be killed as b and c, do not affect a This is the need to consider that a kill b behavior "mistake" cause others (c), belong to an intentional crime (b) "death", for the excess result, according to the results, which determine the ordinary mail of death was deliberately recognized for deliberately, to the death of the fault is propylene, identified as negligence, according to the intention or negligence of the general mark recognized FanYi or state of mind, not applicable rules of the 2) Behavior irrtumslehreBehavior mainly includes two kind of mistake: first, the behavior nature That actor has to its social harm nature, such as understanding not imaginary Behavior nature mistake might affect the form of sin, and may also affect Second, the behavior tools (methods) That person to use when the conduct of tool (methods), which affects not correct understanding of harm results, behavior tools (methods) mistake can affect crime or attempted was founded, also can affect crime or belongs to the incident, a typical for murder on hazardous substances, because the drug failure and failed to kill people, can think method or tools for error doer of consciousness beyond reason not to And as actor see armour, second coming together, hence shot to play, but can't hit by the party Look, this is from the phenomenon of an object, or the final results for the mistake, but this error is based on the fact that the wrong doer identify offender is carefully identify to begin, can think recognize is accurate, errors in ChaWu The solution to this situation, "said", its legal with qualitative and recognize wrong object is consistent, namely directly recognized as an intentional homicide The death of a person is directly intentionally to b, death is the indirect intentional, just for a to b is attempted, Additionally, if in daily life because misidentification object and damage of consequences, the crime itself is not just any criminal negligence because of 3)Causality irrtumslehreCausality mistake, is on his behavior and harmful results of actual connection between Generally include: first, not some harm result, as has happened This generally constitute a Second, has certain harm result, but not for actor or for his behavior is caused, and does not affect crime Third, really happened, the offender is aware of its behavior, but with the actual development between the harm to the process or a mistake, general to punish crime In theory, the offender is not only a crime, but continuous movement, this several continuous action is not a few crime, but a In this sense, doesn't exist on the results of the Legal irrtumslehre and facts mistake and proceduresDomestic scholars in fact know mistakes and errors between the issue legal representative views mainly include:(1)For own behavior whether in law constitutes a crime, criminal or what kind of criminal punishment shall be under the incorrect understanding is legal irrtumslehre for his behavior on the implementation of the incorrect understanding is the fact that mistake,(2)The objectivity of crime is a false understanding of crime, that mistake of objective facts have clear understanding, only to act in the evaluation of existing laws on the concept of law is not correct mistakes。(3)Actor known facts and actual fact don't agree is wrong, the person that judgment and objective law is law of illegal inconsistency These ideas basically could in theory and legal irrtumslehre fact distinguish mistakes, it is important to emphasize that:1) With the conviction that the so-called irrelevant, as this mistake to hit each other, the shooting head caused the death of heart, without vision of research into 2) Study of the theory of error, error occurs when the purpose, but whether to intentionally resistance, reduce plots affected only the wrong cognition, natural sentencing nor will it into the error theory 3) This does not constitute a crime and actor for crime, and for their behavior in the criminal law on the crimes and how to apply for criminal punishment on such specific knowledge error, conviction according to Based on this, the author thinks that, at the fact that criminal law is only to know wrong doer of elements to know the so-called objective facts constituents of mistake is the fact that the legal irrtumslehre error refers to the legal action is illegal and the evaluation of the From the theory of facts and legal irrtumslehre error, but the problem is in the law, criminal elements to the facts and law closely combined circumstances (like some administrative crimes and economic crimes), or is in a fact itself contains certain laws of evaluation content, to distinguish with a mistake is the fact that mistake or legal wrong, is often If the property of his humanity and obscenity obscenity, administrative rules and regulations, JinYuOu, disrupt public until its precondition of the legitimacy of the public, and legal irrtumslehre facts wrong intertwined, and this is what we distinguish facts and legal irrtumslehre errors will solve the In some cases, the defendant should know that because of the lack of knowledge, and not to the behavior of social harmfulness, so that the defendant is not "knowledge they will entail harmful consequences to society, and hope or allows such results" and deliberate crime, the burden of proof is only FanYi prosecution, in addition, prosecution without proof the defendant not normal, but normal mental and spiritual normal presumption defendant directly if the defendant that his spirit is not normal, it shall provide necessary evidence by himself to Thus, the author, on legal irrtumslehre processing, can adopt the presumption of ways to Which country presumption every normal citizens are known, unless the law can put forward defense "advantage prove" above, or the evidence rebut these presumption is From the efficiency of lawsuit, said the country is impossible to prove the defendant is known of the
286 评论

守望的原罪

西南政法大学外语学院研究生分为外国语言学与应用语言学和英语笔译两个硕士点。现任导师(所有导师均为双师型导师)为赵亮(即将退休)教授(法律话语分析)、肖云枢教授(法律语言学与翻译)、张绍全教授(普通语言学)、熊德米教授(翻译学)、黄春芳教授(语言哲学)、倪清泉教授(法律语言学、跨文化交际)、郑达轩副教授(口语特棒、法庭口译、法律语言学)、王建副教授(法律语言学。翻译学)。两个硕士点均已法律语言、法律翻译的研究和实践为特色。外国语言学硕士04年开始招生,翻译硕士11年开始招生。外国语言学招生人数大概20人左右(含1-2名推免研究生),翻译硕士招生人数大概30人左右(目前无推免)。外国语言学方向每年报考人数在稳定在65-110人左右。翻译硕士报考人数大约稳定在55-75人左右。外国语言学方向初试科目为政治、二外(日、法、俄)、基础英语、翻译与写作。其中二外法语、俄语初试难度相对于日语简单,二外教师俄语为杨艺副教授、日语为曲庆璋副教授、法语为李立宏老师。基础英语题型为词汇选择或词语配对、完型填空、阅读(包括主观阅读)、八级人文知识(10-15分)、段落翻译、2个作文。翻译和作文分年份,有的年份没有。作文有的年份是两个、有的年份是一个。如有两个作文,则为一篇议论文、一篇应用文。翻译与写作为英语谚语翻译、句子翻译和段落翻译,题量较大。不过涉及到法律英语的题材不多,大概10-20分。有的年份不考。翻译硕士则是按照国家翻译硕士的要求来设置题型的。需要注意的是,西政历年题型变化较大(包括二外),不能拘泥于往年题型的模式和指定参考书目。应该加强综合能力的培养。复试外国语言学硕士笔试为宋雷主编的法律英语,无教材参考书。此书为复试笔试宝典(初试不考或者分值不重20左右)、需要仔细研读。150分。面试150分。随意性较大。内容会涉及语言学、文学、跨文化交际、自身学习和职业经历、临场应变能力。每个导师会有自己的研究方向,因此问题的偏好各有不同。翻译硕士一般会考现场翻译。不考二外听力口语。复试如果有涉及专业类的证书(如司考证书,人事部翻译资格证书、LEC证书、或者TOLES证书等等)、本科如有有发表的学术文章会加分不少。西政外院复试为导师一个一个的复试。也可能会导师集体复试,根据情况各自发问。自2012年开始,一志愿录取均为公费,不含校内调剂和校外调剂生。校内校外调剂生一律自费(外国语言学3年9000一年,翻译硕士2年10000一年)。住宿费1200一年,空调房四人间,有独立卫生间、阳台和热水器。目前所有外院研究生住读均在渝北校区。历年真题可以与研究生招办联系。本专业的毕业生一般为报考国家公务员、任教于大中专院校、各大企业、律师事务所或者出国留学。本专业如有良好的法律学科背景以及出色的英语能力,会有很好的前途。主要课程设置:除公共必修课、公共选修课及实践教学环节外,专业课程设置主要分专业基础课、专业主干课、专业拓展选修课,其中专业拓展选修课包括法律课程、经贸课程及语言文化课程三个模块。专业基础课包括英语语音、英语阅读、综合英语、英语视听说、英语基础写作、翻译理论与实践、高级英语等课程;专业主干课包括英语国家国情与文化、法律英语、商务英语、语言学、英美文学概论、第二外语、论文写作、英语口译、法律经贸英语与翻译等课程;专业拓展选修课法律课程模块包括美国宪法导论、西方国家法律制度、西方诉讼制度概论、加拿大人权法律制度、法律案例选读、外国商法、合同法导论、西方法律文献导读、知识产权法、WTO法律制度、侵权法、国际私法、国际公法、司法文书等课程;经贸课程模块包括计算机应用基础、国际经贸概论、商务英语听说、跨文化商务交际、国际贸易实务、跨国公司进出口案例分析、经贸英语文选选读、国际商务函电等课程;语言文化课程模块包括英语小说选读、英语诗歌选读、语法、汉英对比、英语词汇学、英语散文选读、时文阅读、跨文化交际、英语史、公共演讲艺术、法律语言学导论等课程。在校有异彩纷呈的学术活动和学生活动,学有余力的同学还可以报读法学研究生进修班,毕业取得双硕士学位。西南政法大学学风浓郁,可以受到良好法学和英语双学科教育氛围的影响,可以避免单一学科院校学习的各种问题。外国语言学硕士历年录取线为08年359,09年330,10年354,11年345,12年388,总分线自己划,单科走国家线。翻译硕士都是按国家线走。

85 评论

xian蝦米

选什么主题不都可以吗,这有什么,你又不是法律翻译专业非得是翻译方面的,或者非得选某个方向。

185 评论

相关问答

  • 与法律有关的英语论文选题

    选什么主题不都可以吗,这有什么,你又不是法律翻译专业非得是翻译方面的,或者非得选某个方向。

    妖精1208 2人参与回答 2024-05-17
  • 法律英语的论文选题

    选什么主题不都可以吗,这有什么,你又不是法律翻译专业非得是翻译方面的,或者非得选某个方向。

    fengzhenpeng 2人参与回答 2024-05-17
  • 法律英语毕业论文选题

    交给我帮你完成。。。。。原创的

    chengongsc 3人参与回答 2024-05-15
  • 法律英语论文选题方向

    选什么主题不都可以吗,这有什么,你又不是法律翻译专业非得是翻译方面的,或者非得选某个方向。

    1230985647abc 4人参与回答 2024-05-14
  • 关于法律的英语论文

    我来了

    xian蝦米 4人参与回答 2024-05-14