Wang And Other Common Crime Research

In current judicial practice,The cases,“several factors with one result”,that several persons with different reasons committed infringement act are full of controversies and often make the judiciary headache.In recent years,the number of “several factors with one result” cases involving “legitimate defense” have been risen,with quite different results,leading the public to be very skeptical about the criteria and continue to focus on the results of the treatment in similar cases.This shows that how to identify legitimate defense in the cases of “several factors with one result” in the judicial practice is particularly important,and still remain to be further in-depth study in the specific elements of common crime and legitimate defense in understanding and application.In this article,we discuss and analyze from two main perspectives in the cases of “several factors with one result”,one perspective is that several persons commit common crime and the other perspective is that one individual's behavior can be prescribed as legitimate defense.This article researches a controversial case by listing questions,analyzing the problems and putting forward my own opinions.The first chapter of this article puts forward the views of all parties through a typical case of arranging the case,combing the issue.The second chapter analyzes the legal elements of the two main situations involved in the case of“several factors with one result”,focusing on the analysis of the concept and the establishment conditions of common crime and legitimate defense.The third chapter follows the analysis result of the previous chapter,and uses it as the basic basis to analyze and give the author's view on the four controversial points of the case used in this paper.Through the analysis,the core points of this article are pointed out,that is,the necessary elements of the establishment of legitimate defense are discussed in detail,and the important role of defense consciousness in setting up legitimate defense is discussed.In the last part,the author analyzes the problems caused by the case,based on the legal point of view in thinking,the legal practice process may encounter problems,and whether the preparation of weapons in advance can also set up legitimate defense to give conclusions,desiring this article can bring some inspire in legal practice or theoretical research.