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Thinking About The Case Of 'Xiaochuanguo Damage Taken Fangzhouzi' Of The Criminal Law

Posted on:2012-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:K Y HuFull Text:PDF
GTID:2216330371453503Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal law is the modern government by law society's important constituent, in the modern legal society, through the criminal legislation and judicial protection of citizens' rights of the person, maintain social relations citizens in the legitimate rights and interests of society, more and more get attention. With the continuous development of criminal law in China, about the infringement of citizens' personal rights sin and disrupt social management order crime legislation and judicial have become increasingly perfect. Especially in March 14, 1997 of the penal code in 2011 by and by the criminal law amendment (8), for example, for the infringement of citizens' personal rights sin and disrupt social management order crime are a perfect, for the judicial practice provides a strong legal basis. However, because the nature of law the limitations and lagging factors, let we have to see the present criminal law, there are many problems and to good effect not only to have a sound judicial legislation, more important is how to current legal conditions in judicial activities, use the relevant criminal law theory to solve complex, difficult problem of society. For example, a psycho fang case so apparent damage the intentional injury, the court case why finally qualitative be stir-up-trouble crime? Throughout our legal course, this and the judicial practice in China will deliberately harm blame is \"committed\" the position have close relations, this theory and intended harm blame and stop the shape of a lack of understanding related. This paper is based on subject and from damage in the criminal law of thinking. In fangAnd China's intended harm blame than legislation relatively, many countries and regions of the legislation is flexible, respectively form various, and is suitable for various crime situation can demand. Especially in recent years, the development of Taiwan's criminal law the rapid pace about the provisions of the intended harm blame, also have certain can be used for reference. But, due to the history, culture and social development of different level, we also cannot completely absorb other countries, because some countries legislation intended harm blame on the provisions of the formal obvious jump, do not accord with the national condition of our country.This paper from the intended harm blame form and discusses the punishment, and stir-up-trouble crime between, and on this basis has hurt the convicted psycho fang case from the personal opinion, so as to give some related theory and practice intended harm blame the solution of the problem of help.
Keywords/Search Tags:Intentionally Hurt, Stir-up-trouble, Sentence
PDF Full Text Request
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