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Obstruction of official crime research
Author: ZhouShaoPeng
Tutor: LiFangXiao
School: China University of Political Science
Course: Criminal Law
Keywords: Obstruction of official business Violence Threaten The legality of official acts Timeliness of official acts
CLC: D924.3
Type: Master's thesis
Year: 2007
Downloads: 344
Quote: 3
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Abstract
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Obstruction of official crime is a common crime. The data indicate that, ① In recent years, resist or obstruct state personnel performing their duties according to law cases showed a clear upward trend in the level of violence has also been intensified. Obstruction of official acts on the one hand a serious impediment to the smooth conduct regular national official, on the other hand because of violence or threat endangering the existence of the personal and other public interests. Therefore, in-depth study and application of this crime constitutes an important significance. This body of about five thousand words, is divided into five parts, the main contents are as follows: The first chapter is the introduction, the first chapter sets out the main characteristics of the criminal law and the official acts of obstruction of official nature, for understanding and Research offense of obstruction of official business premise theoretical groundwork; Section II combing, introduced China's criminal law crime of obstruction of official legislative evolution and abroad and Taiwan region of China's obstruction of official crime, in order to grasp from the legislative history of the contents of this crime change from a different insight into the relevant provisions in the legislation of the differences. The second chapter is ontology, the chapter analyzes the main elements of the crime of obstruction of official. Section variety of perspectives in the analysis presented based on the object of this crime are complex, where the main object is the state organs and the official activities of Red Cross staff, random objects are state organs, Red Cross workers' personal rights and related property rights and interests; After Crime on the scope and content of the object discussed. Section II of this crime in the objective aspect of the legality of official acts, timeliness, and obstruction of official behavior, behavioral level are analyzed and expounded the author of them controversial issues. Section III focuses on the subjective aspect of this crime whether to include indirect intentional, knowing and understanding the contents of the error handling problems. The third chapter is the form of the chapter introduces the crime of shape and had limited joint crime problem. The author, after examining various views put forward for the first three of this crime, when the perpetrator of violence or threatening behavior produces enough to force public servants can not be executed or abandon the implementation of specific official acts constitute a real danger consummated; if violence, threats behavior due to reasons other than the will did not cause public officials can not perform official duties or abandon a real danger, it may constitute attempts. For the fourth paragraph, in the case of direct intention, there was no harmful consequences, constitute the crime of attempted; in the case of indirect intention, there was no harm results, does not constitute the crime. Subsequently, the author of the crime against the common part of the implementation of the use of violence committed intentionally causing serious injury, wrongful death and serious injury, death and other problems too limited to deal with the views put forward. The fourth chapter is the relationship of the main section of chapter analyzes the behavior of this crime and the offenses with similar distinction, focusing on the crime of refusing to execute the judgment or other crimes boundaries. Section II analyzes the provisions of the criminal law, obstruction of official crime and produced a number of crime problems; and highlights between this crime and other offenses imagine competing, Lapping of Legal Provisions and involved relationship. Chapter Five I theory, the main section of chapter analyzes the current academic circles made of this crime and the feasibility of the relevant legislative proposals; Section on the consolidated basis of the aforementioned legislative proposals put forward the author of this crime Legislative Perfection and made a related argument.
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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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