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The Crime Of Refusing To Provide The Evidence Of A Terrorist Or Extremist

Posted on:2016-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2296330479985452Subject:Law
Abstract/Summary:PDF Full Text Request
"Criminal law amendment(draft)(9)" has added the crime of refusing to provide the evidence of a terrorist or extremist. As a crime of pure omission, the prevention of terrorism crime and the fight against is of great significance. This article is ready to from setting up the rationality of the crime, and this article will respond to these questions based on "the tolerance of the criminal law", "not a crime" and the core concept of "criminal law" one by one. Then the article will carry on the analysis of crime theory. First of all, introducing the legal interests of this crime protecting, which are not a specific or most people’s life, physical safety and the public life of stable and peace and the normal order of judicial activities. The second, this article will follow the judgment order from objective to subjective and respectively introduce its objective aspects and subjective responsibility requirements. Among them, this article mainly use the method of objective interpretation to analysis its constitutive requirements elements, such as "knowing specifically", "terrorist crime" and "plot seriously" and so on. Finally, the article will carry on a detailed discussion on what kind of "terrorist crime" belong to terrorism crime here of the crime of refusing to provide the evidence of a terrorist or extremist. I hope this article will play a certain reference function for determination of complex cases about the crime in the judicial practice.
Keywords/Search Tags:refusing to provide, plot seriously, terrorism crime
PDF Full Text Request
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