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Research On The Objective Aspect Of Organizations Of Persons With Disabilities And Children For Begging

Posted on:2014-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:L Q XuFull Text:PDF
GTID:2296330425979093Subject:Punishment law
Abstract/Summary:PDF Full Text Request
Begging as a serious social phenomenon is a result of the development of society, andit also attracts the attention of the world. Especially in recent years, the United Nations in theworld for the protection of children and the disabled, and the countries carry on the legislationfor their situation.To this end, in the twenty-second of the Tenth NPC Standing Committee our countrythrough the "Criminal Law Amendment (six)"has been added for this crime, defined asorganizations of persons with disabilities, children for begging. The creation of this crime hasa great impact on the protection of the disabled and children, but with the provisions of thiscrime legislation there are still some problems need to be improved and perfected. I believethat the main problem is the behavior means not comprehensive enough, and the problem ofcriminal object, detail in this article has made analysis and research which is the main point ofthis article. This article is only for discussion and analysis of the objective aspect of the crimeof shortcomings and defects in the legislation and asked the proposal of the author.The first part of the article discusses the objective aspect of the crime, and comparativeand analysis at home and abroad related to the objective aspects of crime legislation, so thatwe understand foreign legislative situation, to perfect our legislation of this crime, alsoanalysis of the objective aspect of this crime and counts in the first part.The second part focuses on discussing the behavior means, crime object and objectiveaspect of the problem, first of all describes and defines the concept of the object, the partmainly discussed about that the legislation of "organization" and "violence and intimidation"relationship that are ambiguous controversy.The third part analysis and studies the same or difference in the objective of the crimeand relevant crime makes clear and similar crimes in the objective aspects of the differences,in order to explain the necessity of adding this crime and rationality, and for justice to thedifference between crime and legislation to the perfection of related crime.The fourth part studies on the problem in legislation of the objective aspect of thiscrime, for the status of legislation for this crime, I put forward my views based on existingresearch, the problems of this part mainly are behavior means, criminal object and objectiveaspects of the legislation on other representation.The fifth part puts forward solving suggestions on the problem in the fourth part, and they are also the focus of the article at the same time, this part puts forward its ownsuggestions and supplements for the behavior means, crime object and the number of issuesand legislative provisions in "serious cases".This crime is one of the highlights of the "Criminal Law Amendment (six)", and also animprovement of the criminal law. In the case of the analysis of existing research discussion, Ipropose my humble opinion, and hope that it can play a reference role to the study of suchproblems of other legal workers.
Keywords/Search Tags:organizations of persons with disabilities and children for begging, objective aspect of crime, violence, stress
PDF Full Text Request
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