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The Qualitative Study On Intentional Car Crash From Theperspective Of Criminal Law

Posted on:2015-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:H L WangFull Text:PDF
GTID:2296330467965435Subject:Criminal law
Abstract/Summary:PDF Full Text Request
“Intentional car crash” has been more frequent these years, while the character ofthis behaviour is quite confidential in the judicial practice. Some contends that inorder to go all out to clamp down on crime, it should be charged with a felony. To thecontrary, some there are people claims that is not necessary. Consequently, thedivergence on this leads to the different penalties towards the same behaviour.Furthermore, it is not fair and accurate to adjudicate all these behaviour into felonyindiscriminately which will be prone to doctrine of severe punishment. This endeavorintends to make an exhaustive study on this subject from the perspective of particularsof offense and criminal regulation through typical cases. This paper can be dividedinto four parts:The first part is about the background of the case, which mainly includes thecauses, the brief, the divergence and the arguments.The second part is the analysis towards the relative problems from theperspective of legal practice. Generally, it concerns the argument and relative theories.Firstly, there is a brief statement of the “intentional car crash” to demarcate itsconnotation. Secondly, the author will choose some accusations which is largelyargued. Lastly, it is about the analysis and judgment of the quantity of singleintentional car crash and several intentional car crash.The third part is the conclusion of this study. The charge and quantity of thebehaviour of intentional car crash is proposed after the discussion of the conditions otthese charges and quantity of crime in the guidance of jurisprudential analysis. It isconcluded that this kind of behaviour is found in the charge of fraud, crime ofendangering public security with the dangerous method, robbery and crime ofextortion.The fourth part is the revelation of this dissertation. Based on this study, thejudgment on intentional car crash is influenced by many factors including the conceptof severe punishment, which could easily result in the imbalance between the crimeand penalty. This kind of crime should be found accurately and the balance should be guaranteed. Meanwhile, the juridical authorities should strictly follow the criminalpolicy of justice with mercy.
Keywords/Search Tags:crime of endangering public security with the dangerousmethod, The crime of fraud, Blackmail and impose exactions on Crime, Thecrime of robbery
PDF Full Text Request
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