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    Please use this identifier to cite or link to this item: http://nccur.lib.nccu.edu.tw/handle/140.119/109667

    Title: 文化衝突的刑法省思
    Authors: 李聖傑
    Contributors: 法律系
    Keywords: 文化抗辯;原住民犯罪;確信犯;良心犯;犯罪階層體系;社會規範共識
    Indigenous crimes;Cultural defenses;conviction;Criminal Theory System;Social norms consensus
    Date: 2015
    Issue Date: 2017-05-17 15:09:29 (UTC+8)
    Abstract: 本研究計畫自國內外就個案討論中因「文化背景衝突」之爭議而創設「確信犯」、「良心犯」、「文化抗辯」等刑事法學理概念,透過整理分析相關討論文獻以論證其於我國使用之刑事法體系、刑事政策理念上,是否存在得利用之交會點,使現代憲政精神所彰顯之
    The research project will integration for the discussion of“the cultural background of conflict“ and the creation of“conviction“, “prisoners of conscience“ in individual cases. To the major issues, “cultural defense“ and other concepts of criminal law treatment, the research through analysis of relevant literature to demonstrate how should its use in the criminal law system, the criminal policy
    ideas. Whether there was use of the intersection, the spirit of modern constitutional highlight the
    “multicultural“, “minority protection“ philosophy always should find the way get into the criminal law of the system. And to analyze the relevant opinions of the appropriateness of the post, since this research project intended as a basis for the premise of the Criminal Code “social norms
    consensus“ on the assumption that the principle was discussed in depth whether the place. “Indigenous crimes “ show on criminal law the doctrinal controversy for a discussion last phenomenon should be placed in relation to the current practice of the Court majority opinion. what
    the evaluation of academic rank majority opinion using the“criminal judge system“, and what conclusions should be
    drawn to make recommendations, in order to pass through this the opportunity to study the plan and give our judicial system more in line with the cultural clash spirit of the Constitution thought, thinking of contemporary human rights, and have Botox treatment recently, “Aboriginal culture clash“ born of the encounter of the criminal case. In this paper and in the analysis of the relevant information for indigenous minority culture present in the issue of crime, proposes to act should follow the “small number of cultural norms,“ whether or not the recognition
    of the penal code “mainstream cultural norms“ with the lowest degree of “phased purpose“ consistency, was considered to present a common purpose in the pursuit of protection of the criminal law was reviewed by the proper law of their acts. As for the beginning and the lack of any consensus on social norms of behavior intersection shall present to the principles of cultural pluralism country
    forced to change the values of human dignity absolute guarantee prohibited, prohibited by the criminal law of the mainstream culture to give any evaluation of their behavior, and this should be considered by the State in Other reasons pluralistic country, where appropriate, direct the bottom line culture respond.
    Relation: MOST 103-2410-H-004-047
    Data Type: report
    Appears in Collections:[法律學系] 國科會研究計畫

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