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The Qualification Of Hurting Others For Committing Suicide With Poisoning

Posted on:2013-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:X L BoFull Text:PDF
GTID:2256330401950851Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The qualification of hurting others for committing suicide with poisoning issomeone throwing toxic substances to committing suicide,the behavior hurtingothers.The characteristic of this behavior have three point.The first one,the behaviorinfringes other’s health rights or the rights to life.The second one,the behavior patternis someone throwing toxic substance.The last,psychological state of this behavior isintent or faultiness.The behavior pattern is throwing toxic substances.Hurting others generalizes thecontent of behavior.The behavior target is others or the innocents.At present,there arekinds of major viewpoints in theory:they are Crime of Putting DangerousSubstances,Crime of Intentional Homicide,Crime of Fault Causing Serious Injury.Theabove four standpoints have their rationality,but they requires improvement forindependent qualification.Uniting the specific cases with concrete condition toanalysis is more reasonable.It is complex too discuss this behavior to clarify some theory problem foraccurate qualification.If on purpose of observing whether this act endangers publicsecurity or not,exactly defining the meaning of public security seems necessary;Thehurt doesn’t cause death and the condition of an attempted crime of obliqueintentional murder does not exist;Different subjectivity and harmful consequencedetermines how to convict,etc.Accordingly,the qualification of hurting others forcommitting suicide with poisoning with concrete condition to analysis is morereasonable.The first one,it’s the kinds of crime of endangers public security,if thebehavior harmed the lives,health,public or private property safe of unspecifiedpersons or majority.The second,it’s the kinds of crime of infringes citizens’ personalrights,if the behavior harmed someone specific.The last,it’s innocence,if the one’ssubjective elements of crime hadn’t any fault.
Keywords/Search Tags:Committing suicide with poisoning, Hurt others, Public security, Anattempted crime of oblique intentional murder, Subjective elements
PDF Full Text Request
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