A Study on the Crime of Malicious Accusation: An Analysis Focusing on Legal Interests
Date Issued
2014
Date
2014
Author(s)
Tsou, Wan-Chen
Abstract
Malicious accusation has been regulated as a crime for a long time. From ancient China criminal law system to European continental law system, the regulation and the legal interest of malicious accusation have been changed a lot. Now most of the scholars and the jurists regard the legal interests of malicious accusation as both national interests and personal interests. However, the real content of the legal interests are still untouched, and it will make the essence of malicious accusation remain unknown. Therefore, the aim of this thesis is discover the essence of malicious accusation through the study of legal interests. Justice is one of the important duties of nation, so every nation would make efforts to protect the authority of Justice. Also, the deep knowledge and high language ability make the authority of Justice intact. However, the risk of receiving an unjust judgment is unavoidable, and malicious accusation would bring the unjust judgment to the defendant. The consequence of unjust judgment is the turmoil in legal system. Hence, the main purpose of the punishment of malicious accusation is to prevent the legal system from collapse. Besides, it also protects the innocent defendant from being in a verdict of guilty. Once the prosecutor receives a specific malicious accusation and decides to conduct the investigation, it would not only make the defendant suffer from the damage of freedom, reputation, and the cost of money, time, and strength, but also endanger the legal system. In other words, the key point to make a malicious accusation unlawful is its capability to lead to the investigation. Malicious accusation as an offender of abstract danger, we use personal damage to proof national damage. Therefore, the personal damage is the proof of national damage and the factor of sentence. If the malicious accusation has higher possibilities to put the defendant in jail, it should receive severe sentence; if it has lower possibilities or has the defendant’s consent, it should take lighter sentence.
Subjects
malicious accusation
perjury
legal interests
legal system
obstruction of justice
offender of abstract danger
the theory of sub legal interests
SDGs
Type
thesis
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