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Analysis On The Cases Of Punishing The Crime Of Sabotaging Production In Jiangbei County Of Chongqing Municipality From 1956 To 1964

Posted on:2018-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:C HuangFull Text:PDF
GTID:2346330518450350Subject:Legal history
Abstract/Summary:PDF Full Text Request
In this paper,most of the cases arecollected in the early years of the new China from1956 to 1964.According to the generally accepted view,this time period is just in the early Chinese legal system of tortuous exploration and development stage.This stage of new China inherits the previous stage which has laid a good agricultural and industrial basic system,while actively exploring how to develop socialism.Although the road appeared twists and turns,the reference experiences of the road make a contribution to development of the rule of law for the future.The introduction part mainly elaborates the study ofthe purpose,the theoretical significance and practical valueof punishing the crime of sabotaging production after the new Chinese establishedfrom1956 to 1964.The innovation of this paper is reflected in the data sources,research status and research direction.The first part mainly introduces the conceptof the crime of sabotaging production,at the same time this concept are compared with the similar concepts of crime of sabotaging production and business operations in the present law.Due to the limitations of history and the imperfection of the legal system,punishing the crime of sabotaging production at that time is no specific legal provisions;it is just a kind of crime integrationwhich is from the collection of cases in this article.Because of the arbitrariness and the special historical,these charges are not fully inheritedin the existing law.The crime of sabotaging production and business operations in the existing law is not exactly the same to the crime of sabotaging production,so this article makes a comparative analysis between two of them in the constituent elements.The second part mainly introduces the historical background of punishing the crime of sabotage production,including the social background and the legal background at that time.Social background is divided into the domestic background and international background,the domestic background of the country introduces the production policy promulgated by the state,the international background is the influence of the Soviet Union and the western countries on China's production and legal system.The legal background is a brief description of laws that the early founding of China has enacted and the legal basis of punishing the crime of sabotaging production.The third part mainly introduces the characteristics of punishingthe crime of sabotaging productioninJiangbei County of Chongqing Municipality from1956 to 1964.These characteristics are numerous,and this paper only analyzes the classification of crime,criminal constitution and conviction and sentencing from shallower to deeper.First of all,the chargescanbeclassified according to the collected cases.Secondlyit'snecessaryfor us to analyze the characteristics of the main body of the crime of sabotaging production,the object of the crime,the facts of the crime,conviction and sentencing.The fourth part,through combing the last part,we can draw the positive influence of punishing the crime of sabotaging production and find out some existing problems.Although some of radical policies have a negative impact,we should be in its environment to conduct a comprehensive evaluation,and absorb the essence and reject the view that is not consistent with national conditions.In the conclusion part,through the historical review of the close relationship between the social production and the legal system,we can take this as a reflection and look forward to the future..Only ruling the country by law isto achieve the sustainable development of our country's prosperity.
Keywords/Search Tags:Punishing the Crime of Sabotaging Production, Jiangbei County, Case analysis
PDF Full Text Request
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