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The Study Of Pence-induced Accomplices Death

Posted on:2011-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y N YinFull Text:PDF
GTID:2166360305964907Subject:Law
Abstract/Summary:PDF Full Text Request
With the social development and progress, the social harmfulness of Pence has been becoming more and more serious, and the manifestation of it has been becoming more and more various. Its means or methods have become covert and its harmfulness to society also has grown. It is not a simple civil case, and it is not enough to resolve the problem only by civil damage. In view of vehicle Pence, this behavior has serious harm; it should adjust the scope of the criminal law. In the criminal law perspective, the road driving Pence, in recent years, is a emergence of new criminal phenomena. There is a big controversial problem in qualitative issues. Since it is a crime that constitutes deserve is worthy of our serious consideration in the end.This article is constructed from introduction, body and conclusion.Introduction part analyses the harm and the point of contention of Pence in the case, and describes Pence characterization and significance of its processing practical.The body is divided into three parts:The first section briefly explains the origins and status of Pence.The second part details the case.The third lists four major points of view of qualitative and processing of Pence associates that caused the death in theoretical sector. The first view was that Mr. Han, who deliberately created traffic accidents on major roads, endangered the majority of human life, health or safety of the major public, public transportation which is not in a specific area, and private property should be dangerous means, crime for processing. The second view was that Mr. Han and other personnel to conduct thorough pre-planning and drills, deliberately created traffic to find the driver at fault extortion money, constituted extortion and blackmail. A third view, Mr. Han and others for illegal possession for the purpose of hiding the truth through facts or fiction approach, obtaining public and private property, will be fraud. The fourth view, constitute the crime of endangering public safety in a dangerous way to imagine competing with racketeering crimes committed, according to imagine competing guilty of a heavy punishment from the principle should be the crime of endangering public safety in a dangerous way punished.The fourth part, the author assess of the viewpoints of four kinds, analysis of the reasonableness of each point of view, as well as defects, and pointed out that the author's point of view. I believe that constitutes the crime of endangering public safety in a dangerous way and extortion (alternate) imagination competing offenders, according to imagine competing re-committed from a principle of punishment should be punished the crime of endangering public safety dangerous methods.He introduced a fifth part, Mr. Han, violence is a response to three associates of criminal responsibility Jo's death, I believe that Mr. Han, who should be held criminally liable for the death of Jo.Part VI details the theoretical basis for a criminal with civil proceedings determined that the driver is able to cope Wang, Mr. Han, He XX, and violence of a civil action brought criminal collateral.Seventh section describes the analysis of the difference between surrender and frank determined that He has surrendered to the sentencing of a plot can be lighter or mitigated punishment.The conclusion part summarizes with the brief sentence to the full text viewpoint, finishes the full text.
Keywords/Search Tags:Pence, Qualitative, Offenses against public safety, Extortion crimes, Imaginative Joiner of Offenses
PDF Full Text Request
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