The Qualitative Analysis Of Playing IOUS After Borrowed Money By Forced

With the continuous development of our society to go forward, crime form also increasingly diverse, rising crime rate.Social and economic wealth growth, make economic crime also increases. When the economic crime and violent crime together, people's statement and property safety threatened by double. Countries are stepping up his efforts unceasingly, maximize the protection of the citizen's lawful rights and interests from crime.The socialist moral construction with the continuous improvement of the socialist rule of law, of the citizen's legal quality and moral quality have been improved. But the legal knowledge and in the face of the huge temptation of money, many criminal behavior is very confusing.In this paper, from a person carrying toy pistol, daggers, and tape over the wall into the village to the victim's house and stress the victim couples tied the hands, feet, bullying victims say cash position in the home. After possessions, and apologize to the victim write ious and kneel down, the case of the case involves the theory of argumentation and analysis, and draw the corresponding research. There are in total four chapters excluding the preface.The first chapter briefly introduces the case, as well as the summary and controversy of this particular case of ‘Zhang Who Had Borrowed Money by Forced'.The second chapter for the cases involved in the dispute focus to the legal analysis on the related issue. First of all, based on the cases of crime and the relationship between the conviction and the relationships between four place of jiangzhou fault principle is analyzed. From a heavy fault principle, from a hard a heavier in fault principle, the principle of combined punishment for several crimes and double fault, the fault principle analyzes four place and put forward their views. Second,on crime and the crime and civil responsibility undertake analysis, put forward under the principle of a legally prescribed punishment for a specified crime is a crime and the crime elements industry standards, after to determine crime and is not a crime to determine the offender by the corresponding responsibilities.Third, from the Angle of the produce time and contents of the purpose of illegal possession for the purpose of illegal possession, summarized and defined, advocated by applying the methods of the criminal presumption for the purpose of illegal possession, this line is that subjective level of consciousness. Finally, the analysis should be ious, and ious is put forward based on the two sides agreed on the basis of equality. Voluntary loan contract of a kind of external performance, is the person for the creditor's rights debt relations between the two sides issued a admit, but borrowing iou is a reflection of the relationship between the establishment of the premise of autonomy must exist. Otherwise cannot be established, ious there would be no legal basis, and therefore do not have any legal effect.The third chapter is case analysis and conclusion, this part of the corresponding legal analysis, to draw their own deal with this case. The offender behavior constitute a robbery in this case, it has the purpose of illegal possession for the victim's money, fully meet the requirements of the robbery crime constitution. For the write ious and apology behavior can be used as sentencing plot for consideration.The fourth chapter, through the analysis of the case. Should strengthen the legislation for the purpose of illegal possession, criminal presumption method, to be perfect to cancel in the relevant provisions.