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CNAA / Theses / 2019 / May /

The principle of humanism within the institution of legal liability


Author: Munteanu Ruslan
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2019
Scientific adviser: Dumitru Baltag
doctor habilitat, professor, Free International University of Moldova
Institution:

Status

The thesis was presented on the 30 May, 2019
Approved by NCAA on the 9 July, 2019

Abstract

Adobe PDF document0.72 Mb / in romanian

Thesis

CZU 340.13 (043.3)

Adobe PDF document 1.61 Mb / in romanian
178 pages


Keywords

principles of law, principles of legal liability, principle of humanism, legal liability, humanism, state constraint, legal punishment, punishment, execution of the punishment, human rights

Summary

Structure of the thesis: introduction, 3 chapters. General conclusions and recommendations, 150 pages of main texts, bibliography of 261 titles. The results obtained were published in 8 scientific papers, the total volume of publications on the topic is about 3.0 author’s sheets.

Field of study. General theory of law.

Purpose and objectives of the thesis. The thesis seeks to make a complex and multilateral investigation of the principle of humanism as a principle of the institution of legal liability through the perspective of its emergence, evolution, content, role and place in the system of principles of legal liability. This research contributes to the scientific argumentation of the mentioned principle, deepens the existent knowledge in the theory of legal liability and helps formulate recommendations aiming to improve the institutional, legal and normative framework, by highlighting the mechanism of realization of the humanism principle within the institution of legal liability.

The achievement of the proposed goal involves the realization of the following objectives: the theoretical substantiation of the principle of humanism and its concept in the context of scientific research; the examination of the legal doctrine and identification of existing opinions and theories on the principle of humanism and its impact on the institution of legal liability; identification and systematization of the main problems of the institution of legal liability; the study of historical-evolutionary, philosophical and moral fundaments of the principle of humanism as a principle of the institution of legal liability; researching the correlation of the principle of humanism with other principles of the institution of legal liability; the disclosure of the humanism principle under the civil liability; studying the influence of the principle of humanism on the evolution of contraventional liability; identifying the mechanism of its realization within the criminal liability; determining the modalities of implementation of the principle of humanism in Moldova's criminal law and enforcement policy.

The scientific novelty and originality of the paper derives from the desire to make a thorough analysis, from the perspective of the General Theory of Law, of the correlation between the principle of humanism and the institution of legal liability and its expression in the legal reality of the Republic of Moldova. At the moment, the paper „The principle of humanism within the institution of legal liability” is one of the first researches that addresses the problem of defining the principle of humanism within the institution of legal liability by identifying, determining and explaining the particularities of the mechanism of its implementation within different forms of manifestation of legal liability.

The solved scientific problem consists in the scientific substantiation of the principle of humanism from the perspective of the General Theory of Law, leading to the disclosure of its distinctive signs, content and forms of manifestation, in order to evaluate the content and mechanism of its realization within the institution of legal liability.

Theoretical significance of the thesis: The theoretical value of this paper is determined by the scientific novelty, the actuality and the general conclusions formulated. The conclusions and proposals formulated in the paper can provide new solutions for modernizing the legal framework by modifying the chapters which address the principle of humanism and its connection to other principles such as equity and justice. In addition, in the national doctrine there are no monographies that would exclusively look at the impact of the principle of humanism on legal liability and vice versa, the impact of the normative construction of legal liability on the compliance and application of the principle of humanism. This paper complements, at least in part, this existent gap.

Applicative value of the thesis. The analyses, conclusions and recommendations contained in the current paper related to the problems of identifying and defining the principle of humanism as well as the mechanism of its implementation within the institution of legal liability create a theoretical and practical basis which can constitute a useful tool both for theoreticians and practitioners.

Implementing the results:

Implementation of scientific results. The main results of the thesis were presented and communicated at several national and international conferences, published in various specialized journals, contributing this way to the enrichment of the national theoretical framework.