Research On The Legality Of The Act Of Twisting And Turning

The act of transfer is the use of coercive means to citizens to specific suspects,criminals to the public security judicial organs;transfer system for citizens to participate in criminal justice activities,the fight against lawlessness provides the means to maintain the safety and interests of the public has important significance.However,in recent years,the judicial organs to deal with the transfer of cases resulting in death or injury of different standards,different ideas of the crime,some cases directly identified as illegal detention,intentional injury and other crimes.The study of the characterization of the act of twisting and sending has a strong practical and theoretical significance.The act of transfer should be divided into a broad sense and a narrow sense.The "transfer of the act of law" is a narrow sense of the transfer of behavior,belonging to the establishment of one of the circumstances of proper transfer;while the broad sense of the transfer of behavior includes the proper transfer of behavior,transfer of improper behavior and the transfer of the name of the crime.If the act of twisting and turning meets the requirements of Article 84 of the Criminal Procedure Law,the act of twisting and turning is established as a legal act;if the act of twisting and turning is transformed into legitimate defense or competes with legitimate defense,the rules of legitimate defense shall apply,and at this time,the act of twisting and turning is excluded from illegality as a matter of illegal deterrence.If the twist does not have intentional or negligent guilt or does not know the illegality of his behavior,then his behavior can exclude guilt.If the act of escorting can exclude illegality or exclude guilt,it does not constitute a crime and is established as a proper act of escorting.If the suspect is seriously injured or killed as a result of intentional or negligent transfer,the transfer will constitute a crime,but there is a possibility of reducing the penalty because of the premise of justification.In the act of transfer mixed with intentional crime or transfer as a pretext for committing a crime,it belongs to the name of transfer,the actual act of crime,then the act of transfer from the separate crime,can not reduce the penalty.