The Legal Analysis To "Liu Qun,Li Quocai's Robbery And Fraud Case"

The crime of robbery and fraud are frequent in our society, especially in the growing prosperity of the market economy today, some people selfish, greedy, willing to take risks, defy the law of life and property caused by the expense of others, let the national economy development and social stability be out of eyes. Both of which are the object of the Criminal Law to crack down. Simple identification of the two crimes are not too complicated, and this article is not about how to conduct both qualitative issues. Crime is complex and multifarious,circumstances of the crime and the criminals also have different performance, which has caused great difficulties of application to adapt to the principles of criminal responsibility for the crime,especially for surrender and meritorious service.only general requirements have been done,which made the specific case under review of the judge and the referee's authority, so it is necessary to sort out and research the specific evaluation of these two circumstances judgement criteria.Involved in this "Liu Qun, Li guo cai robbery and fraud case", the criminals committed the more crimes, shown different conditions before and after being brought to justice, there are not only surrender and meritorious service, but also honest plot,which is undoubtedly a difficult case for judger trial and judging, however, the other hand, these circumstances are concentrated in one case,it is also beneficial to our overall grasp on the distinction of them. In addition, in this case also involves the application of the death penalty conditions and means of implementation problems. The death penalty applies to criminals who committed extremely serious crime, but suspended death penalty is applicable to who has been sentenced to death, but it is not the case which must be executed immediately. Under these conditions, how the judiciary to correctly grasp the conditions of application of the death penalty and execution issues is worth to do a study in this thesis.The thesis is divided into three chapters, the first chapter describes the basic circumstances of the case and the trial results; second chapter analyzes the case and put forward China's surrender and meritorious service problems in the application; Chapter three embodied surrender and meritorious service, including the surrender system, the concept of surrender, the nature of surrender identified, difficult point of Voluntary Surrender conditions; meritorious service system concept, the characteristics of meritorious service, the nature of meritorious, the composition of meritorious service conditions, five meritorious establishment of specific conditions and franklyness, surrender and meritorious services boundaries. In addition, the conditions of execution way of two death penalty reflected by the case is a problem. In the current broader circumstances, in particular human rights protectation and participation awareness are growing, this requires caution on this issue, and when a judger make a judgement,he must properly understand the law regulations and do his job on the basis of it.