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On The Judicial Determination Of The Crime Of Focibly Defamation And The Crime Of Defamation Of Children

Posted on:2020-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:N WangFull Text:PDF
GTID:2416330575490192Subject:Criminal law
Abstract/Summary:PDF Full Text Request
The crime of forcible defamation and defamation of children is a crime committed by the perpetrator against the victim's sexuality.This has clear provisions in the criminal law provisions of our country.However,before we clarify the crime of forcible defamation and defamation of children,we must pay attention to the following questions:First,the boundary between the two crimes,we must pay attention to the need to strictly abide by the law and legislative purposes in case analysis,on this basis At the same time,we must pay attention to the distinction between sin and non-crime.We must not blame criminal law for criminal activities.We must give full play to the role of other laws in order to maintain the modesty of criminal law.We must correctly define the conditions for the establishment of this crime.Pay particular attention to whether the victim is a child;accurately define the behavior of"obscence"and accurately define whether the subject of the crime belongs to the "publicity in public"element;and the act of the criminal suspect who can truthfully declare it after the notification is filed in judicial practice.Whether it should be deemed to be surrendered;correctly use the provisions of the Criminal Law and the Public Security Administration Punishment Law on "obscence" for the accuracy of conviction and sentencing.As is known to all,defamation crimes are extremely harmful,disrupting normal and orderly social order and infringing on the most secretive sexual autonomy.In recent years,teachers' sexual assault cases have occurred from time to time.This has caused great damage to the physical and mental health of underage students,and even destroyed a child's childhood,youth and even more beautiful times.The social impact is extremely bad.Adolescents are the hope of our country and nation.Everything we do today is for the healthy growth of the flowers of the motherland.This is the duty and responsibility that our society should fulfill,and it is a matter of legal responsibility.Based on this,and in order to better study sexual crimes such as forcible defamation and defamation of children,we must fully understand the elements of such crimes,and in essence analyze whether it constitutes a crime of forced defamation and defamation.This article is a graduate thesis of master's degree students,mainly based on the following aspects to explore and explore the crime of forced defamation and defamation of children.The first part analyzes and discusses the case by carefully studying the case,and finds the focus of the dispute in this article by discovering the problem in the case.The second part mainly analyzes the crimes committed by the parties in this case through the in-depth analysis of the crimes of forcible defamation and defamation of children.It mainly depends on whether it constitutes such crimes,whether it is a“squat”of the criminal law system,and whether it meets the "public opinion in public places".I will elaborate on the issue,and discuss the rationality of sentencing by analyzing whether the perpetrator has surrender and other plots in this case.The third part presents your own thoughts and suggestions.
Keywords/Search Tags:Obscence, Public places, Surrender, Binary sanctions system
PDF Full Text Request
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