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Market research False Material

Author: HuWeiLin
Tutor: ZhuJianHua
School: Southwest University of Political Science
Course: Legal
Keywords: dropping the false dangerous substances constitutive elements of a crime Judicial cognizance criminal responsibility
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 39
Quote: 0
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Abstract


False dangerous substances launched by China sin is of the standing committee of the National People’s Congress on December 29, 2001 by three of the amendment of criminal law in new social security situation and more rampant terrorist criminal activities under the new situation of one of the specified charges. In 2009, the xinjiang "acupuncture event" occurred later, using various means dropping the false dangerous substances to make social panic in many parts of the case in China sometimes occur, caused social masses, circles, and practice for attention.Its crime in criminal law the object is the daughter of intentional harm the public 114 of sin and the safety of 115 regulation several negligence of endangering public security and public safety, the different from criminal law the 290 regulation of organizing a mob to disturb the social order of sin and article 291 gathered to disturb the public order crime of social order. This crime is committed, the offender implemented on false dangerous substances, but caused no serious behavior of disturbing social order results, you won’t constitute a crime.The subject of this crime for general subject, and no special requirements, have capacity of complete criminal responsibility and 16 natural persons can. According to the provisions of the criminal law, this crime also not established unit crime. Actor’s subjective shall be established for deliberately, not fault crimce. Dropping the false dangerous material sin not distinguish direct intentional and indirect intentional, as long as the actor, will conduct factors being hope or indulge harm the happening of the result can. In a special crime, subjective aspects of crime, where actor has clear understanding, tool offender think oneself to certain if the material is real way launch, so even if the material is objectively actor use false and harmless, it should not be considered for launching the false dangerous material of sin.False dangerous material sin is launched with terrorism properties of crime, subjective purpose have due to political benefits, but to pursue the terrorists in the motive and effect of judicial recognition in concrete person is tempered by reflected on the sentencing.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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