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《Science of Law(Journal of Northwest University of Political Science and Law)》 2018-04
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Doctrinal Analysis of Law on the Tatbestand of the Crimes of Forcible Obscenity and Insul

Wang Zhengxun;  
The Tatbestand of the crimes of Forcible Obscenity and Insult includes strong moral evaluations and value judgments. Its semantic meaning is vacillating,obscure and abstract,falling under the prototypical category. To explain it,we shall first determine the typical prototype of "obscene"and the core facts. As for the sample of the atypical prototype,we first examine whether the behavior has violated the victim's sexual shame,sexual autonomy or social customs,on the basis of which we conduct the hermeneutic cycle between the case facts and the legal norm. To determine to the legal meaning of the sample with even lower similarity to the prototype,we shall appraise its substantial harm against language context and public expectation.
【Fund】: 陕西省高校人文社会科学青年英才支持计划
【CateGory Index】: D924.3
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