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Looking For Crime Research

Posted on:2018-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:P LangFull Text:PDF
GTID:2356330542450690Subject:Law
Abstract/Summary:PDF Full Text Request
Stir-up-trouble crime in our country the first produced in 1997,through to the amended criminal code in the process,from the penal code of hooliganism are decomposed and introduced into law,article 293 of the penal code of our country has made a start to related behavior rules,including random beatings,forcibly demanded property to others,the trouble in public places,etc.From the Angle of time,due to the time of stir-up-trouble crime came relatively late,so it belongs to a kind of new law,the preceding stir-up-trouble crime,are the criterions for the conviction of hooliganism.This crime in the judicial practice has the characteristics of multiple,complexity,the objective aspect performance in a variety of forms,often with some of the specific provisions of criminal law crime exist the same or similar,it's easy to have a confusion in the judicial practice,more difficult to maintain,mainly involving stir-up-trouble crime and intentional injury,gang war crimes,robbery,the crime of intentionally damaging property such as crime and is not a crime to distinguish the problem determination and lines.So it is easy to lead to a plea in the judicial practice difficult,often be confused with intentional injury and hooliganism.Combined with the existing in the cognizance of crime to content is extensive,the nature of the constitutive requirements of fuzzy,have seriously restricted the judicial impartiality and authority.In this paper aims at analyzing the real cases,from the perspective of theory and judicial practice,delving into the criminal law theory about the composition of stir-up-trouble crime and its boundaries to distinguish the problem with all the charges were easily confused.
Keywords/Search Tags:Stir-up-trouble crime, Intentional injury, Distinguish between
PDF Full Text Request
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