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Legal Analysis Of Gangs Of Liu And Lee’s Intentioned Car-damage Cases

Posted on:2013-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z WangFull Text:PDF
GTID:2246330371487212Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years, as the growing number of intentioned car-damage cases, many cases are charged as crimes against public security in dangerous way by the court. In the past, such types of cases are often treated as crime of fraud or extortion. For the reasons that intentioned car-damage cases happened in different situation, and crime against public security in dangerous way is controversial on jurisprudence, how to identify a specific case as intentioned car-damage has become an urgent problem. This paper bases on two typical intentioned car-damage cases, analyzing the facts of the case, to clarify the charges the criminals committed, and to distinguish two different types of intentioned car-damage cases, and by reviewing the court’s judgments, to give criteria of identifying intentioned car-damage and recommendations to improve the law.Specifically, this paper includes three parts:The first chapter introduces Liu and Lee’s intentioned car-damage cases, and then through the comparison of the two cases’ facts and the court’s judgment, to clarify the focus of controversy, to distinguish two types of intentioned car-damage cases:property criminal and endangering public safety criminal.The second chapter is legal analysis of the cases. Combined with the characteristics of intentioned car-damage case and the two cases in this paper, this paper analyzes the behavior of the perpetrator in the cases from the angle of extortion and crimes against public security in dangerous way to clarify two different kinds of intentioned car-damage cases, and proposed to distinguish property criminal and endanger public safety criminal of intentioned car-damage, and finally examines the court’s judgment.Chapter three is reflections of the case. The paper first discusses the key points that should be considered in identifying intentioned car-damage cases and then put forward legislative suggestions on crimes against public security in dangerous way, in order to identify the intentioned car-damage cases more accurately to minimize the disputes.
Keywords/Search Tags:intentioned car-damage, identify, blackmail, crimes against public securityin dangerous way
PDF Full Text Request
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