The Analysis On The Application Of The Article 306^thof The Criminal Law

As the criminal law system of our country is becoming more and more perfect,there are still some problems in the application of law.The article 306th of the criminal law is one of the contents of the new add in 1997.Since it was introduced,because of its application of law is not clear and the application of the concept of law issues caused many disputes.Especially after the case of "Bei hai lawyer case" and "Li Zhuang case",the argument about the existence or abolition of the law has reached its peak.However,it is difficult to solve the 306th problems in the application of criminal law only to stay at the level of the dispute of its existence or abolition,the key is to look at the issue from the legislative intent,combined with China's judicial practice to analyze the problems and defects in the application of the crime,and put forward pertinent suggestions to solve the essence of the 306th application of the criminal law.The correct view of the crime should be based on the normative basis of this crime,revise and perfect the applicable conditions and contents of the crime.In order to better solve the problem of the crime in the application.The thesis based on empirical research,it is divided into three parts.Part 1 starting from the basic content of "306th criminal law",first introduced the legislative purpose of this crime,the legal basis of the establishment.As the same time,analysis of the crime constitution.Then introduce many scholars on the views of the 306th article of the criminal law;Part 2,first giving a brief introduction and analysis of typical cases,then summed up the common problems in the application of the crime;Part 3,from the concept of the rule of law,substantive law and procedure of prosecution perfect clear content are given in article 306th of the criminal law correctly applicable suggestions.