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Help To Destroy Or Forged Evidence Of Sin

Posted on:2013-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ZhaoFull Text:PDF
GTID:2256330395988509Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Helping to destroy, forgery sin is a cirme about evidence in the sixth chapter of ourcountry’s cirminal law,this sin is increased in1997.Since this cirme set up, because thetheory about it is not comprehensive and thorough, it caused a lot of debate in the judicialpractice of related behavior.The paper has about thirty thousand words, which can be divided into nine parts:The ifrst part, a comprehensive introduction legislative situation about this sin,analyse^its position in the judicial system.Through the cases demonstrates to explain there existsome controversial issue.The second part, analyse the scope of subject about this sin.Separately from the angle ofcirminal procedure and civil procedure, discusses how to qualitative the behavior.The third part, analyzes the connotation and features of the behavior,explains themeaning of”destroy"",forge" evidence.At the same time,the behavior of "hide"", alter" theevidence was analyzed. Based on this cirme in behavior is alike the crime of concealing themurder, so distinguish this two cirme is very important.The fourth part, analyze the subjective content of this sin,explain this cirme only can beformed by direct intention, the contents of the "knowledge" is discussed,and the purpose ofthis cirme is detailed discussion.The iftfh part, speciifcly, analyse the role-evidence of this sin, here,evidence caninclude convicted evidence can also include evidence mateiral, the evidence must have "hehumanity" to become the role of this object.Part6,analyzes the connotation of “Plot seirous",It can be grasped from the degree ofthe behavior,the offender’s faults and its damage to our society.lastely, come up withthe seirous cicrumstanceof the determination of the standard.Part7,discussed the problems about the instigator, and analyses the parties to help theirdestruction, anyone who instigates another forgery and others abetted the destruction,fabricated evidence of qualitative behavior problems.The8the part,suggest that introduce "relatives hidden offender" to our cirminal law,ito reduced the punishment to relatives who violate this sin,and limit the range of therelatives. Part nine,discuss the punishment of cirme in current situation,, this paper reveals thepunishment of configuration in this cirme is not reasonable,that is not very good embodiesthe pirnciple of blame of suitable punishment and is not in coordination with relatedcharges.,then give some suggestions.
Keywords/Search Tags:Help destroy, forgery behavior, Subjective sin, Abettedcrime, Relatives hidden offender
PDF Full Text Request
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