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Qualitative Thought on the Behavious of Enforceable Dunning for Debt

Author: CaoLiXia
Tutor: RenHaiTao
School: Southwest University of Political Science
Course: Legal
Keywords: The Crime of Robbery Blackmail and Impose Exactions on Crime The Recovery Act
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 55
Quote: 0
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Abstract


In judicial practices, behavior person adopts illegal means to obtain their debts or help others ask for debt, but the improper means behavior and the difference in the debt amounts, which makes the judicial authority generate different conclusions when judging the quality of such human behavior, thus confusing the judicial personnel when handling such cases. So it is necessary to do some qualitative analysis and research on the violence behavior in the dunning for debt. This thesis will discuss the above problem from four parts. The first part is the case presentation --- ZhuMou, WangMou, ZhangMou, SunMou dun LiuMou for debt in a violent way.The second part is that the judiciary come to different opinions on the qualitativeness of the case and then they refines the cases focus.The third part is the legal analysis. Firstly, it analyzes the civil debt behavior, objective performance of robbery crime and objective characteristics of offence of extortion by blackmail. Specific content is that a civil relationship of creditor’s right is based on the equivalent compensation. The objective aspect of the robbery crime is that behavior person takes violent coercion or other means of coercion to plunder property on the spot. The specific performance of the robbery crime is taking the property by means of the on the spot and inhibition of the means of behaviors. The objective aspect of the crime offence of extortion by blackmail is the act that behavior person carry out a threat and the fearful means that forces the victim to surrender a larger amount of property.Specific performance is in the rule of larger amount of provisions in extortion and blackmail. Followed by an analysis of the recovery of violation of property right that constitute a crime and the boundaries of robbery and offence of extortion by blackmail. The recovery of property rights violations constitute a crime is objectively the differences in debt amount and subjective purpose of illegal possession of the property. The boundaries of crime of robbery and offence of extortion by blackmail are in three aspects. Firstly, the level of violence determines the substantive characteristics in the boundary between crime of robbery and offence of extortion by blackmail. The second is on the spot to act violence and on the spot to take the property is the form features of the robbery and offence of extortion by blackmail. The third is the form of possession of the property --- whether to take or to deliver is the supplementary conditions of telling robbery and offence of extortion by blackmail. Finally, it discusses the common crime and principal, accessory accomplice under duress, specific provisions.The fourth part is the case conclusion. According to the third part of jurisprudential analysis combined with this case that the acts of ZhuMou, WangMou, ZhangMou, SunMou constitute a crime of robbery instead of offence of extortion by blackmail, and Zhu is a common crime accomplice under duress.

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