| China is a country with long history. the traditional concept of respect their ancestorsand love their friends occupied a very important position in the hearts of the people. It isbecause of the influence of traditional culture, the protection of graves,corpse and ashes hasalways been valued.Corpse is not only a symbol of personality interests, but also the customabout respect the dead and the social management order. However, in recent years, kinds ofcases of steal ashes and insult ashes occurred frequently. At present the criminal law did notdefined the behavior of stealing ashes, the practice in the judicial circle is very confused.This paper selects a typical stolen ashes blackmail, through the analysis of the focus ofcontroversy involved in the cases, combined with the judicial status and the rule of socialreality, hope to obtain the correct understanding of such cases qualitative and future proposalsfor dealing with such cases.This paper is divided into five parts.The first part, cause of action.The second part, the introduction of the case.The third part, the focus of the controversy. About the behavior of stealing ashes, thereare mainly three dispute focus in theoretical and judicial practice field:first of all, whether thebehavior of stealing ashes commit the crime of stealing corpse. Secondly, whether thebehavior of stealing ashes commit the crime of theft crime.Again, whether the behavior ofextorting after stealing ashes is identified as implicated offender.The fourth part, theoretical analysis.About the focus of controversy in the case, the papercarefully collected some related theoretical perspectives and concepts,and then through theearnest analysis, combined with the judicial status and the reality of China’s current needs,puts forward the conclusion of cases analysis and suggestions for dealing with such cases.The fifth part, the conclusion of recognition. Through the analysis of the case the focusof controversy, the paper got a conclusion about the case. |
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