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A Study On The Aggravated Results Of Rumou 's Rape

Posted on:2016-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiuFull Text:PDF
GTID:2206330461987211Subject:Law
Abstract/Summary:PDF Full Text Request
The aggravated consequential offence, which is due to not only its own complexity theory, butthe fuzzy of legislation, has been the focus of the theoretical circle of criminal law in the controversial. Because there are many kinds of result aggravated crime in China’s criminal law provisions, but also the death penalty for most types of crime, thus it can be seen, limiting the result aggravated crime has become the key of limiting the application of death penalty. This article from the perspective of case analysis, to constitute the elements of the result aggravated crime as the main direction of research, attempts to sort out, analysis and Research on this theory. The focus of the Lu Mou rape case in dispute is whether the behavior of a certain land belongs to the aggregated consequential offense, the relationship between the three aspects, this article from the subjective constitution of the aggregated consequential offense,objective behavior element and causality are discussed, based on the theory of criminal law, which is aimed at clearing our results add to the legislative provisions repeat type range and the penalty set, so then effectively limit the scope of the result aggravated crime in judicial practice improperly expanded the applicable, therefore, through the discussion and the research to draw a more reasonable conclusion, can give the future theory and practice problem similar to provide some beneficial experience. This paper attempts to sort out, case analysis and study of the theory.
Keywords/Search Tags:the aggravated consequential offence, the basic criminal, the subjective crime, objective behavior, the aggravated consequence
PDF Full Text Request
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