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The Number Of Acts Resulted In A Criminal Law Evaluation That Caused Serious Injuries When The Victim Fled

Posted on:2017-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:X L FanFull Text:PDF
GTID:2356330485497904Subject:Criminal justice
Abstract/Summary:PDF Full Text Request
Robbery and rape, the reality crimes which have long history, are still the common multiple crimes which have the most serious harm to the society. Over the years, the robbery or rape cased are hard by the judicial audical authorities of various regions are not only high, but become more complicated with new situations and new problems, especially in the specific cognizance on the relationship between basic behavior and serious consequences. This is due to the judge's different understanding to the laws in the judgement of the specific cases; on the other hand,it is due to the disputes about the congstitution of felong.in this paper, by the means of case study, the number of behaviors existing in the judicial practice in criminal law evaluation problem of serious injuries caused by the victim fled as the research object to analyze and discussed.The full paper is divided into the following sections:The first part is the basic situation of the case. It will introduce the basic case of "liu robbery, rape", and explain the differences of opinion existing during the trial and then summe up the focus of controversy in this case that liu's forced borrowing behavior should be how to qualitative and tang should be how to evaluate the consequences of injuries. It will prepare for the following discussion.The second part is the legal analysis of related problems. First of all, it will qualitative to the behavior of th "compulsory loan". It mainly analyse the difference between the crime of robbery, blackmail and impose exactions on the kidnapping crime, thus obtain the substantive standards distinguish between the three crimes,and the basis for accurate evaluation of tang lay the first step of serious injury. Secondly, it will analyse the aggravated consequences in the specific criminal code. Based on the related theories and specific charges of aggravated crime, it will analyse the basic behavior serious results involved in the case of among people involved in the case of aggracated consequential offense and aggravated offense by circumstances for the theory basic to evaluate liws behaviors corretly and aonprehensively in the case. Finally, it will analyse the principle of double jeopardy in the criminal laws. Through the analysis of the essence of the principle and the application in convicting and sentencing,.it will explin how to avoid the behavior of the repeated evaluaion in the requirent of the principle of balance between crime and punishment.The third part is the analysis and conclusion of the case. According to the legal analysis of the case, the qualitative behavior of liu's "compulsory loan" will be treated as attempeted robbery; and liu should bear the responsibility of causing other serious consequences for tang's injure.The fourth part is the case study of enlightenment. This part is a summary of this article and sublimation, the difficulty of this case lies in how to accurately identify the aggravated result and avoid the risk of getting into a morass of repeated evaluation due to the complicated crime. This can be seen from the specific regulations, legal punishment and proper consequential offense and aggravated crime between aspects of specific identification.then a corret and reasonable judgement can be made in a specific cases to environment of the case.
Keywords/Search Tags:compulsory loan, the aggracated consequential offense, causal relationship, aggravated offense by circumstances, principle of double jeopardy
PDF Full Text Request
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