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Research On Revenge-on-Society Crimes

Posted on:2012-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2166330335488607Subject:Law
Abstract/Summary:PDF Full Text Request
At present, China is undergoing the particular historical transition from the traditional society to modern society. During this period, China has achieved significant development and improvement in politics, economy, science, culture and national standard of living. Besides, the increasing social wealth and the continuous establishment of facilities bring people the double enjoyment in material life and spiritual life. However, it is also evident that China encounters many problems with the further economic and social development, such as the more and more significant imbalance of economic development levels in eastern areas and western areas, a huge gap between the income of urban residents and the income of rural residents and the more and more serious social security situation. Consequently, these problems restrict the further development of various causes in our country. Meanwhile, influenced by the imperfect social security system double impact of foreign ideas and culture, China has a series of problems, such as the disintegration of traditional moral systems, the increasingly apparent social conflicts becomes, the worsening social problems, and higher crime rates. Especially, there have been mounting revenge-on-society crimes employing violence against non-specific object and causing casualties in public places in recent years (based on whether the retaliation object of revenge-on-society crimes has specific nature and whether these crimes are vindictive acts performed on the spot, the revenge-on-society crimes can be divided into vindictive crimes targeted at specific object, vindictive crimes targeted at non-specific object, vindictive crimes performed on the spot, vindictive crimes carefully planned and then performed at a specific time, etc. The exploration range of the paper is only limited to "revenge-on-society crimes targeted employing violence on the spot and causing casualties, with non-specific target". The"revenge-on-society crimes"in the following discussion only refers to such criminal cases, such as "Qiu Xinghua Case" in 2006, "Luo Xiaoji Case" in 2008, "Xiong Zhenlin Case" in 2009, and "Zheng Minsheng Case" in 2010. These crimes have seriously threatened people's lives and social stability.With regard to such crimes, there is no doubt that the criminals should be sentenced to criminal penalties and the most severe punishment in the application of the criminal law. However, there are different domestic views on the conviction and sentencing of such cases in the realm of the criminal law. Some scholars believe that "the behaviors that are performed to deprive the lives of others sufficiently and have intentional homicide shall be deemed as crimes of intentional homicide, whether they endanger public safety or not". Some scholars believe that the behaviors that have intentional homicide and seriously endanger public safety shall be convicted and punished in accordance with the offense relevant to the crime of endangering public safety, regardless of means". Some scholars believe that the criminal behaviors against public safety constitute public security crimes, "but criminal behaviors that endanger no public safety and only violate people's specific rights or their physical health rights constitute the crimes of intentional homicide or intentional assault". As China's current criminal laws have not clearly defined such cases and different scholars have different views with their own theories as the support, law enforcement agencies may adopt different theoretical views on the quality of the cases with the same nature and have different discretion standards in the application of the criminal law. Therefore, it is extremely necessary to explore the position of revenge-on-society crimes in the criminal law, especially crime conviction and sentencing and other issues of criminal law application.Through the use of statistics, comparison, empirical and inductive analysis and other methods and under the premise of the existing revenge-on-society crimes in China, the paper systematically analyzes the situation, connotation, reasons and other aspects of revenge-on-society crimes, attempts to reveal their characteristics and their value in the criminal law, and then puts forward the author's reflection on the application of revenge-on-society crimes in the criminal law, on the basis of the analysis results.In order to fully and rationally discuss the connotation, characteristics of revenge-on-society crimes and their value in the criminal law, the paper further puts forward the author's conception of dealing with revenge-on-society crimes in criminal law application. The structure of the paper is presented as follows:The Introduction will mainly introduce the research background, research purposes, writing ideas, thesis framework and research methods.Chapter One, "An Overview of Revenge-on-Society Crimes, " will describe the author's understanding of the connotation of revenge-on-society crimes and discuss the nature of revenge-on-society crimes, based on the domestic and international analysis of the history of revenge-on-society crimes.Chapter Two , "The Status, Characteristics and Definition Crimes of Revenge-on-Society Crimes, "will discuss the situation, development trends and the causes of revenge-on-society crimes through the use of contrast, statistics, induction and other methods, summarize the characteristics of revenge-on-society crimes, and then discuss the difference between such crimes and general crimes, thus laying theoretical foundation for further discussion.Chapter Three, "The Value of Revenge-on-Society Crimes in the Criminal Law, " will analyze the views on how to conduct the conviction and sentencing of revenge-on-society crimes through the empirical analysis and demonstration in the realm of the criminal law. Based on it, it will further analyze the value of the conviction and sentencing of revenge-on-society crimes in the science of criminal law from the aspects of legal basis, facts, etc.Chapter Four, "The Legislation Conception of Revenge-on-Society Crimes, " will describe the author's views on the problems related to revenge-on-society crimes, and on this basis, the author discuss the legislation conception of dealing with revenge-on-society crimes in the application of the criminal law, explore ideal way of conducting the conviction and sentencing of revenge-on-society crimes.The third chapter and the fourth chapter are the focus of the paper.The Conclusion will briefly review the content framework of the paper, briefly discuss the significance of the study of revenge-on-society crimes on the criminal legislation and justice in our country, summarize the author's view on dealing with revenge-on-society crimes, and put forward the shortcomings of the paper.
Keywords/Search Tags:Revenge-on-Society Crimes, Public Places Non-Specific Object, Values, Conviction and Sentencing Criminal Law Application
PDF Full Text Request
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