The Law Analysis Of Charge Identification On Liangli Case

In recent years, a number of controversial cases frequently appear in people's perspective, not only challenges the public's moral intuitions, but also has set judiciary a tricky problem. This paper takes this happened with Shenzhen airport "select golden case" as the example, the paper analyses the suspect of behavior from different point, caused by the case of the related issues are studied and analyzed, and some views on the case were put forward. From that point, the paper is based on the case, by further studying the complicated problem in this case, based on legal norm and theory of criminal law in our country, and make great effort to improve our laws to provide theoretical guidelines for criminal law, thus, realize the combination between theoretical research and judicial practice.In particular, the article from the following three parts to build:First of all, introduces the basic merits of the case, the different views the community as well as process and outcome of the case, including legal experts, legal practitioners' different views on the case: Whether the perpetrator's acts constitute a crime, what should be the punishment; Police department and judicial organs processing of case of twists and turns and the final processing results.In the next place, the criminal law theory combines with case, the section discuss issues which related to the case from different angles. First, analyzing the constitutive elements about Crime of Theft and Embezzlement, and I try to make clear or modify some points of views by way of expressing my thoughts in this paper on some controversial issues in Criminal theories, the case study indicates that the suspect constitute Embezzlement. Second, analyzes the case from the perspective of the responsibility doctrine. This section attempts to elaborate and analyze the theory and applies the principle of responsibility doctrine to analyze the case, and the actors put forward their views on how to punish.Again, the reflection on the case. In this part, describes two important theoretical and practical problems:the first is several problems on the limitation of the law and hard case, and can be accomplished with a detailed analysis the contradiction between the inherent defects of law in its own and the hard case; the second on the preparation heated public opinion of issues, analyzes public opinion behind the traditional Chinese legal culture reflects the feeling, reason, law; the last, the case occurred on the relevant parties to bring enlightenment.