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The Study Of Crime Obstruction To Testify

Posted on:2011-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:L L JiangFull Text:PDF
GTID:2166360305477050Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Prejudice to the crime testified that the new 97-year criminal offense refers to the violence, threats; suborn witnesses and other methods to prevent or directing others to acts of perjury. Violation of this crime is a complex object is the object of protection of the criminal law to criminalize the violation of socialist social relations; in the objective aspect of the performance of the use of violence, threats, suborn witnesses and other methods to prevent or directing others to perjury; the main can only be natural persons, but in general the main body, the unit does not constitute this crime. Guilty of this crime is a behavior, an attempt to commit this crime there. 307th article of the Criminal Code provides for the crime of two sentencing range. Articles from the legislative philosophy, law stipulates that the judicial practice, the article analyzes several aspects of the legislative shortcomings.Besides the introduction and the epilogue is divided into five parts:Part I: Obstruction of witnessing overview. The part from the Chinese Criminal Obstruction of Witnessing the concept of legislative history, foreign and regional prejudice to testify the Crime of cases reviewed three areas to illustrate the crime of impairing testifying.Part II: Obstruction of Witnessing Crime Legislation. The part from prejudice to testify Object of the Crime, objectivity, Obstruction of Witnessing the subject, the subjective aspects of four to discuss prejudice to testify Crime Legislation.Part III: My prejudice to testify Crime. The part from the crime or the identification of this crime and other crimes recognized, in a joint crime identification, our prejudice Witness to the Criminal Conviction, my prejudice to testify crimes not only with the standards of five areas to resolve My prejudice to testify Crime.Part IV: Obstruction of Witnessing the judicial application and punishment. The part from the Judicial Application of the circumstances are serious, judicial officers two and Obstruction of Witnessing the sentencing, crime number two aspects to describe my prejudice Witness to the Criminal Justice application and punishment.The fifth part: My prejudice to testify the Crime of and improve. The part of the legislative vacancy, and guilt is not clear enough in detail, the penalty set failed to demonstrate initiative to confess their crimes people distinguish between the situation and policies point out in the Criminal Law Legislative defects, and learn from other countries and regions of criminal legislation, the conviction, sentence, object, behavior, criminal penalties on the part of the recommendations.
Keywords/Search Tags:The crime of obstruction to testify, Prevent the witness to give evidence, Directs others to commit perjury, Legislative Improvement
PDF Full Text Request
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