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Crime Motive And Judicial Jognizance About The Crime Of Provocation

Posted on:2018-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q X SunFull Text:PDF
GTID:2346330536475728Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of provocation is a bigger a crime in the specific provisions of criminal law dispute,such dispute contains in the legislation of battle,and applicable law in the judicial disputes.Based on the old criminal law stir-up-trouble crime of hooliganism,although improvements on the indictment rule,but still not get rid of the label of "small" whole,both criminal law theory and judicial practice case,all parts involved in stir-up-trouble crime are controversial.Is clearly stipulated in article two hundred and ninety-three of the criminal law stir-up-trouble crime of four kinds of behaviors,but four kind of behavior has not confused with other specific provisions of criminal law charges,including the intentional injury,robbery,intentionally damaging property crimes often common charges,plus the offence specified in the plot demands or results,making it harder for stir-up-trouble crime judicial cognizance,with only four elements theory in four aspects of conventional it is very difficult to judge,accurate,comprehensive and stir-up-trouble crime unique pursuit of stimulation,satisfy the vanity of the crime motive for this crime provides an opportunity to solve problems.
Keywords/Search Tags:The Crime of Provocation, Crime Motive, Subjective Optional Requirement
PDF Full Text Request
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