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Intentional Injury Case Analysis About Wang Mou Case

Posted on:2013-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:W LiFull Text:PDF
GTID:2246330395961203Subject:Law
Abstract/Summary:PDF Full Text Request
Judicial practice of intentional injury (causing death), intentional homicide and negligence causing death finds its main controversial point in crime constitutes. The above offense finds controversy is bound to lead to different courts treat the judgment of the same case was very different, making it difficult to accurately punish crimes, protect citizens’ rights, and safeguard judicial fairness and justice. Therefore, in judicial practice in order to achieve accurate facts of the case, we need to be conducted in such cases the theoretical research. In this article, the author Wang et al cause the death of Perspective, by two controversial focus of the case analysis discusses the composition of the crime of intentional injury case qualitative, common crime, analysis and evaluation of the case,1that Wang et al intentional injury (causing death) of the crime, the two defendants constitute a common criminal. The text is divided into three parts to elaborate.The first part, a brief description of the basic facts of the case and the evidence, and the conclusions of the review of the investigation conclusions of the investigative organs, procuratorial organs and the court and the two focal points of the dispute in this case. The present case, the victim Kwak drink in a bar, drinking and smashed the front of the bar spotlights and the defendant Wang, Yang dispute, the defendant Yang. Wang beat the victim Kwak. Kwak bar to east along the river direction to flee, the defendant Wang out of the bar holding the pipe to catch up with Mr. Kwak, the defendant Yang followed him to catch up, catch-up in the defendant Wang, Yang Kwak more than one hundred meters, Kwak from the south bank of the the Diaoyutai State Department jumped into the river to the other side of the river and swam, Wang Yang standing on the south bank of that he ran to the north bank, followed by Yang arrived at the north bank of the Wang joined along the banks of the river, looking for victims Kwak unsuccessful, two gradually left the scene, after forensic identification, Kwak Department drowning death.The second part introduces the basic theory and the law of the case involved two focus Law, and the use of the basic theory of focus depth analysis of the relevant legal knowledge and jurisprudence, the crime of intentional injury qualitative analysis, and may conclusions.The third part, on the case to re-examine and made a comprehensive evaluation of the identified issues of causality and injury cases identified and jointly intentional injury accomplice liability thinking.The author through the analysis of the theory involved in the case to achieve a comprehensive grasp of the facts of the case, to accurately identify the definition of offenses and related legal relationship. Want to be able to combine the practice of such cases theory on such controversial issues identified in the future benefit.
Keywords/Search Tags:intentional injury (causing death) crime of intentional homicide, negligencecausing death, common crime
PDF Full Text Request
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