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Analysis On The Criminal Responsibility Of Han Car-damage Cases

Posted on:2015-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:X TianFull Text:PDF
GTID:2266330431952197Subject:Criminal law
Abstract/Summary:PDF Full Text Request
Taking the subject of public concern " Han car-damage cases" for example, to extract the legal relationships involved in this case, clearly the focus of their dispute, then starting from the existing criminal law theory, case-related contentious issues of criminal law and extending to explore the problems associated with the case.The first part:The " Han car-damage cases" a comprehensive introduction. Mr. Han, a greeting, a storm, Jo conspiracy, desire through the " if approach that is intended to create a traffic accident to extort money from the other party. But did not participate in the crime accomplice plot and plot the death of an accomplice in the implementation process, which leads to the existence of Han car-damage cases qualitative behavior, whether co-perpetrators and accomplices of criminal responsibility casualties of attempted extortion and other forms and amounts of the starting point of several controversial problems.Part II:This section will focus on " the case of a three-act qualitative He " started. The main methods exist in other dangerous convicted of endangering public safety, negligence, endangering public safety, fraud attempted extortion four views, and in turn make the relevant assessment, I believe that the last case because the victim’s belongings not transfer possession, then the idea of the existence of a variety of acts of fraud, extortion, robbery and other subjective, should fraud and attempted extortion preparatory imagine competing to identify the penalty, finally proposed a strict limit angle in a dangerous way endanger public safety recommendations crime punishment.Part III:This section will focus on " casualties accomplice liability issues " to start discussion. There are major risks associated with the cost of crime to belong to an accomplice casualties jointly suspects were fiction as a person, a crime with a specific point of the object to other major grounds need not take responsibility for the views accomplice casualties. There is still a theoretical basis to constitute a crime, the accomplice of legal interest meaningful evaluation of the Penal Code and other accomplices should be found liable, the author concludes by common crime among the results with the inevitable casualties, contingent relationship as the standard, limited to victims own risk commitment system. Part Ⅳ:The form and amount of the attempted extortion explore starting problems, the main point about the existence of attempted extortion forms of presentation, the amount drawn as guilty of extortion attempt to commit the presence of view. Second, the introduction of the existence of the main points of attempted extortion starting to limit the amount of proposed analog Theft relevant judicial interpretations, attempted extortion amount starting to develop in line with the situation of each region on legislation.
Keywords/Search Tags:Touch Porcelain, Extortion sin, Crime of fraud, Associates died
PDF Full Text Request
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