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To Risk Endangering The Public Safety Crime In A Particular Analysis

Posted on:2013-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:A H LiuFull Text:PDF
GTID:2246330374474149Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The object of a crime is a value judgment, can not become one of the elements ofthe crime positioning system in the commission of a crime similar to the legal interestin the civil law, the interests of the protection for the specification. Norms to protectthe interests of not a crime to one of the elements, but then the identification of crimeplays an important role. Norms to protect the interests identified crime thecomposition and behavior of the docking process, as the starting point of departurefrom the norm, to adhere to the substance of explanation to determine thespecification contains content and restrictions to the real behavior, and then by thenorms, to confirm whether the conduct in line with the specification. Adhere to thesubstance of explanation also should always adhere to the principle of criminal lawhumble, the law expressly provided consistent with the behavior of the inner spirit cannot be convicted and punished。Non-specific public safety is the object of criminal law protection of endangeringpublic safety crime. Not specific, by definition, can not be determined, the onlymovement has been in a state only may be unable to determine this case there are twocases first, the behavior of the implementation of behavior possible to continue tospread, with the this may be the continued proliferation of the steady flow ofmovement extended to the specific public safety; in other cases, victims object to asteady stream of the flow of dangerous source behavior in public places possible themanufacture of this dangerous source of may trap specific public safety danger.Behavior in line with these two cases can be identified with the behavior of thespecific harm the ability of public safety, with the possibility of endangering publicsafety. Actions are consistent with the above-mentioned possibilities, but also have thepossibility of real hazards, which depends on the circumstances at the time, shouldanalyze specific issues。The article is divided into three parts。 With the first part summarized satisfied that the circumstances of the crime ofendangering public safety in a dangerous way of judicial practice, theoreticaldiscussions of analysis, the crux of the problem;Second part of the object of a crime identified are not specific to protect theinterests of the legal norms, and identified non-specific and standard;The third part according to the writer from the norm to behavioral norms as astarting point, to protect the interests of the legal norms as the core of the dockingbehavior point of view, testing of existing theory and judicial practice。.
Keywords/Search Tags:Public safety crime, Not specific, Imaginative Joinder, Object of a crime, Norms to protectbenefits, In real terms to explain
PDF Full Text Request
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