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The Research On The Crime Of Dangerous Goods Accident Conviction

Posted on:2013-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:X T WangFull Text:PDF
GTID:2246330395488565Subject:Punishment law
Abstract/Summary:PDF Full Text Request
The Crime of dangerous goods is a crime in the current Penal Code crimesagainst public security, and multiple and common in practice. There are provisions inthe item132of China’s Criminal Code in1979,and China’s new Criminal Code in1997remains this provision. In accordance with the provision of the item136of thecriminal law, the crime of dangerous goods refers to the violation of an explosive,radioactive,flammable, corrosive, toxic Articles in storage, transportation, use of theproductions, and resulting in serious accident and consequences. The establishment ofthe Charges gives a severe blow to the criminal behavior about dangerous goodsaccident occurring in the judicial practice, and it has a practical significance. However,the offense also encounters a lot of difficulties in the process of judicial practiceapplication, in particular there have been a lot of controversies and disagreementsabout the offense judicial identity with other related offenses, if so, it will not go to anaccurate identification and treatment in judicial practice to this charges, and not playthe function of China’s criminal law to punish dangerous goods accident crime andprotect the property and the safety of our citizens.This article is starting from a real case, and constitutes a crime theory as abridge,Conducting in-depth analysis and study of controversial counts of cases focusas well as its controversial content, and finally reach the conclusion of this case.Analyzing and researching on this case, the article expects to be useful in thesubsequent judicial practice when encountering these similar difficult cases.The full text is divided into six parts:The first part: the cause of case. Namely Mr. Kang, Mr. Wang dangerous goodsaccident case.The second part: Magistrates introduction. This section focuses on the entireprocess about defendant Mr. Kang, Mr. Wang from driving the transport of liquidchlorine to a major accident, as well as qualitatively controversial differences of thepresent case on the behavior of Kang, Wang at different stages from public securityorgans, procuratorial organs and Judicial organs.The third part: The case focus. This section indicates the main focus of the controversy in the case, how to determine to the defendant Mr. Kang, Mr. Wangdriving the transport of liquid chlorine to a major accident behavior, Namelyconstituting the traffic crime, the crime against public security in a dangerous way, thecrime of dangerous goods accident or other offenses.The fourth part: The Controversy and differences of opinion. This section liststhe four different kinds of differences of opinion in the present case to the behaviordetermination of Mr. Kang, Mr. Wang.The fifth part: Legal Analysis and study conclusions. This section constitutes atheory of crime as a bridge to analyze and study the Elements of the offense in disputein the present case and its associated problems, ultimately draw the study conclusion.The sixth part: Improvement Reflections on the dangerous goods Crimeregulation. This section mainly introduces the reformation of punish mode in criminallaw and the proposition of reducing this crime, in order to achieve the goals ofpunishing as well as educating Offender and punishing as well as crime.
Keywords/Search Tags:Criminal Constitutions, Cause people dead from escaping, Dangerous methods, Subjective will, Judicial determination
PDF Full Text Request
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