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The Analysis Of Li Intentional Injury And Robbery

Posted on:2013-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuFull Text:PDF
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Mayhem and robbery have always being usual to us yet with their relatively diversifiedexpression forms. The theory circle and judicial practice have gradually reached consensus onsome of those cases, however, how to make use of the relevant evidence to analyze thesubjective purpose of Mayhem is always a tough issue in judicial practice. As to the potentialquality of the person who took away the properties left on the spot after hurting others, therearises fierce controversy in both fields. The regulations written in the current criminal law andjudicial explanations on the issue mentioned above are not clear. In this essay, we try toillustrate in detail how to define a person’s subjective intention according to those objectiveevidence by analyzing a case,still, we will deliberately discriminate crime of robbery fromcrime of forcible seizure, in order to understand them accurately in practice, to facilitatejudicial officials to determine the nature of suspects’ behaviors. This article can be dividedinto6parts:Part1: Summary. Li’s case of intentional injury and robbery.Part2: Details of case. Brief introduction of the following facts—Li cherished a grudgeon Zheng. after failing to ask for the compensating money back with knife, Li hurted Zhenginto slight wound, and then took away Zheng’s properties left on the spot.Part3: Focal points of the case. How to determine the nature of Li’s conducts of injuryand money-taking.Part4: Controversies and divergent opinions. There are two different ideas on hisintentional injury—crime of intentional injury or directly belong to crime of robbery. Thereare three opinions on his money-taking--crime of forcible seizure, crime of embezzlement orcrime of robbery.Part5: Evaluation in theory. After Li intently hurt the victim, he take away the remnantsof the victim in the field of property. Although this will constitute some crime such as the crime of seizing by force, the crime of embezzlement, the author think thatLi’s crime was intentional injury and robbery, and he should be penalized as the crime ofintentional injury and robbery. At the same time, Li’s conduct meet the constituent elements ofthe crime of intentional injury and robbery, and there should be a combined punishmentPart6: Summary: According to the analysis of this case study, I believe that to rule thecountry according to law, there must be laws firstly. Also in judicial practice, the judicialofficers should strengthen their study of theory of law, at the same time raise their ethicalstandards.
Keywords/Search Tags:crime of intentional injury, crime of forcible seizure, crime ofembezzlement, crime of robbery, Discrimination
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