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Analysis Of Gumou Intentional Murder Case

Posted on:2012-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:J F GuanFull Text:PDF
GTID:2216330371953941Subject:Law
Abstract/Summary:PDF Full Text Request
This is that the criminal law asserts the "unlimited defense right" for the first time. Since establishment of the clause, there is great diversity between the appellation, meaning and content to understanding the criminal law theory. It's played a certain positive role in encouraging citizens to safeguard the legitimate rights and interests. Because the norm itself is not too clearly,that cause the judicial practice to be great diversity. How to understanding the unlimited defense right of correctly remain a key question of the lawsuit.This article will focus on an unlimited right to due process issues related to controversial shows. With actual cases of criminal law in the unlimited right to due process requirements, doubt not to prosecute the legal provisions of the applicable conditions to make a brief analysis and discussion, with a view to the proper definition of the legal issues related to help.PartⅠ: From the perspective of judicial practice, for example :the introduction of Gumou intentional murder;PartⅡ: Details the basic facts of murder, including the cases focus on the case of qualitative arguments and differences of opinion, the understanding of differences of opinion;PartⅢ: On the main issues involved in case analysis, including the marital relationship between Gumou and leemou's marriage identified; How to understanding and application of the 20th clause of the third provision in the criminal law, detailing the unlimited right to due process of the meaning of the applicable conditions of unlimited right to due process; Leemou brother's behavior, a common constituent elements of crime;PartⅣThe case involved the doubt and do a brief overview of evidence, including evidence of guilt, evidence of problems;PartⅤ: A description of the results of the case, including doubts about the concept of non-prosecution, applicable conditions, not to prosecute the case applies to the reasons for doubt.
Keywords/Search Tags:Unlimited defense right, Insufficient evidence, Non prosecution
PDF Full Text Request
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