The Analysis On The Case Of Baichaoyangs' Illegal Detention

This paper based on a special case,in which a man named Bai Chaoyang and some others who have sins for illegal detention, summarized a various of view points and controversies from all parties over the case,along with introducing the concept of seizing and delivering,and discussed the important conditions and necessary circumstances requried by the constitution of the lawcase seizing and delivering,as well as the related responsibilities.On this basis,the thesis offered positive analysis for Bai Chaoyangs' behaviors in the light of judicial practice, thus explaining the reasons for his not being criminal but commit a crime of negligence deaths.In the same time,the thesis provided the reasons for the decision of the court and reviewed the understandings of the public from all social sectors.This thesis is divided into the following four parts:The first part,represented the main processes of the case about Baichaoyang and summarized views and controversies from different parties.The classes of society defer in the definiton of Bai Chaoyang's behaviors, a part of whom teated it as seizing and delivering according to the code of criminal procedure,while others view it as a crime of illegal detention.This part also give reference to the question that whether it is a crime or a righteous action.The second part,introduced and analyzed the concept of seizing and delivering, and discussed the important conditions and necessary circumstances requried by the constitution of the lawcase seizing and delivering.Moreover,this part gave a definition to Bai's behaviors that is overriding the right of NiuSong, based on the definition of seizing and delivering (a legal act to deliver some suspects to local authority).It is very likely to misuse the right of seizing and delivering,because it requires some proper subjective and objective conditions.Once lack one necessary condition,it will be misused as "mistaken obviously ", "overdoing seizing and delivering" and "mistakenly thought seizing and delivering". Baichaoyang obviously transcended the limits of seizing and delivering in implementation,thus commiting a crime of overriding the right of seizing and delivering.The third part, through the introduction and analysis of the necessary circumstances for the crime of illegal detention, offered positive analysis for Bai Chaoyang's behaviors, and explained the reasons for his not being criminal but commit a crime of negligence deaths.In the same time,this part of the thesis provides the reasons for the decision of the court.The fourth part,elaborated Bai's trenscendence of the reasonable limits of NiuSong behavior on the ground of his criminal responsibilities. Bai's illegal behaviors as described in the case resulted in the serious consequence,such as the death of the victim,the unexpected crime.