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The Legal Analysis of the Case about Li Qiutian Assembling and Selling Elevators

Author: ZhouLei
Tutor: DaiYongCai
School: Southwest University of Political Science
Course: Legal
Keywords: elevator crime of manufacturing and selling counterfeit commodity crime of illegal business operation public security
CLC: D920.5
Type: Master's thesis
Year: 2011
Downloads: 14
Quote: 0
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Abstract


Recently , many elevator accidents occurred in several areas of our country , the state not only strengthen the examine and maintenance of elevator , but also increased supervision about the quality . Elevator safety is an important component of public safety , those accidents about elevator will disturb people’s life order , and the accidents induced by a variety of reasons, such as power failure, improper use, quality questions and so on . If quality problems exist in elevators , it not only may lead compensate because of product quality defects or deficiencies in civil law , but also may involved illegal and criminal charges in criminal law , such as crime of manufacturing and selling counterfeit commodity , crime of illegal business operation , or other criminals . Because cross areas exist among those criminals , the judicial practice in specific cases face a considerable difficult .The article elicits two questions about whether it should be convicted and how to convict by a criminal case involving elevator quality happen in a few years ago that named“the legal case of assembling and selling elevators of Li qiutian”. The article combines the division standard of state provisions under the context of criminal law , the applicable scope of ratification , the rationality of existence that blank description of crime in law which insist on the statutory principle of crime and penalty , constitution of crime of manufacturing and selling counterfeit commodity , crime of endangering public security in a dangerous way , crime of illegal business operation , use the method that combining case and legal to analyze those controversial issues one by one , proves the errors who thought Li’s behavior not constitute a crime , at last , put forward the opinion that the case should be convict in the crime of illegal business operations . And hope through this case analysis, combing the difference among charges , can provide some help for judicial if related cases take place in future .This paper is divided into three parts . The first part is the brief introduction about the case . Introduce the case that Li qiutian assemble and sale elevators by himself , and judicial departments’disposal .The second part is opinion summary . In this case , they dispute whether the conduct of Li qiutian constitutes a crime , and constitute what crime , mainly in three crimes : the crime of manufacturing and selling counterfeit commodity , the crime of endangering public safety in a dangerous way and the crime of illegal business operation . The third part is the most important part of this paper , which combines the theory of crime constitution and the fact to analysis . First , based on the case itself to prove the errors that consider Li’s conduct does not constitute a crime . Second , analyse those three crimes that list in the second part one by one , raise the standpoint that Li qiutian’s behavior not producting , selling fake and inferior products , or endangering public security , but business in a illegal way , disturb the order of economy market , he should be judge as crime of illegal business operation to punish .

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CLC: > Political, legal > Legal > Chinese law > Interpretation of case
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