The Evaluation of the Interest of Marriage and Family in the Criminal Law
| Autor: | CHEN, FENG-WEN, 陳豐文 |
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| Rok vydání: | 2013 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 101 Society is a group which is managing by people who is living together. By forming the common understanding, making some behavioral norms or systems, the common value of the society has been made. Nowadays, the society models change fast, the notions of family have been different from traditional cognitive etiquette; in this diverse society, de facto marriage and nuclear family have already became main social value on family issue. As for the marriage system, it has faced the raising personal consciousness, the homosexual marriage may be admitted in legal system. Therefore, due to the power of democracy has grown by the social changes, the traditional Confucian, feudal ethical codes, feudal order are nearly replaced, the marriage and family system is facing huge changes and making great reform. Family type and marriage ideas have been already different from the past. Base on this concept, this thesis will look over the normative content of Criminal law seventy chapters，the major discussion will focus on Criminal laws is Article 237 to 241, by going through the observation of social changes and tracking back to review the Criminal laws, give a determination about the applicability of exciting law system under the modern family and marriage concept. Chapter two of this thesis is mainly focus on the studies of the developments of marriage and family in the society. By going through the observation of social changes, comparing the transition of public values, and then it brings into standardizing the self-criticism of the intension field of chapter 17 of criminal law. On the norm of discussing chapter 17 of criminal law, divides into two chapters altogether, the third chapter discusses the Criminal law marriage and the fourth chapter discusses the criminal law on the family, and then bring it to chapter five-the conclusion of thesis. The essential nation of marriage and family is beyond to ethics and morals, especially the marriage relationship is part of the space that men and women can fully manage by themselves, there is no need to be bound by the coercive power of criminal. The constrained strength in criminal law field is often too strong, but unable to reach its function. The law norm of the marriage relation should be standardize by Civil Law, thus people can still protect their rights by self-determination in the marriage relationship, but not restrain the relationship by national penalty power. The author of the article believes it should be more appropriate if Article 237 to 239 and Article 240,item 2 which are in the seventh chapter of Criminal Law are repealed. In order to make minor subject could be arranged under proper custody, it should take the protection of the rights of minors as a major task in Criminal Law of the family crime type about criminal abduction of minor. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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