2015 Fiscal Year Final Research Report
The Character, Function and Position of the Public Security Administration Punishment System in China: Aiming to Elucidate the Dynamic Structure of the Sanction System
| Project/Area Number |
25780004
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Fundamental law
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| Research Institution | Osaka University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | 中国法 / 制裁論 / 治安管理処罰法 / 行政処罰 / 刑法 / 刑事訴訟法 |
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| Outline of Final Research Achievements |
The aim of this study is to elucidate the position of the Public Security Administration Punishment (PSAP) System in China's sanction system, after clarifying its legal character and practical function, especially by focusing on its dynamic relation with criminal sanction.
In conclusion, this study has revealed that, first of all, the difference between the violation of the PSAP Act and a crime is merely a difference of degree and an artificial (policy) distinction, although in some cases they may overlap. Second of all, it is an acceptance mechanism that efficiently treats a large number of minor cases which do not need to be punished as a crime. Last of all, in the matter of "stigma", there is a huge difference between the both.
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| Free Research Field |
中国法
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