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Research On Difficult Problems Of Offense Of Picking A Quarrel

Posted on:2013-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:L N QiFull Text:PDF
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According to the" criminal law amendment ( eight)" forty-second regulations,will" criminal law"293rd shall be amended as: any of the following acts of defianceand affray, destroy the social order, five years of fixed-term imprisonment, criminaldetention or control: (1) optional assault case, bad; (2) chase intercept,, abusive,intimidating others, if the case is serious; (3) take strong force or any damage to,occupying public or private property, if the circumstances are serious; (4) creating adisturbance in a public place, causing serious disorder in public places. Some othersrepeatedly commits the act, serious damage to the social order, the agency for morethan five years of fixed-term imprisonment of ten years, can be fined" [1] modifiedthe provisions added second as the crime upgraded condition.This paper is mainly divided into four parts: the first part mainly through" theFang attack" in several controversial elaborated affray crime and the crime ofintentional injury difference, in this case and similar cases how to distinguishbetween the two crimes and accurate conviction. Affray crime subjective motivation"random" is used to distinguish whether the case as defiance and affray crimeThe second part mainly through the" Liu Dong take revenge bus driver ." thefocus of the controversy in elaborated affray crime and robbery between intersectionwith distinction, in judicial practice, for some a thing for it. By violence, coercion ofillegal possession of the property act, is identified as the defiance and affray crime orrobbery, often controversial great. Therefore this controversial points to theboundaries between the two crimes an analysis.The third part mainly through the" Huang Xing et al intentional destruction ofproperty in the case of" the focus of controversy of defiance and affray crime andcrime of intentional damage to property between the contact points and thedifference from the crime subjective motives, actions, objects and results of caseanalysis, made clear the difference between two crime and coincidence point. Finally summed up the essential features of defiance and affray crime as well aselaborated in the judicial practice that the crime needs a few issues of the attention.
Keywords/Search Tags:Defiance and affray crime, The crime of intentional injury, The crime of robbery, Crime of intentional damage to property, random
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