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A Study of the Article 306 of the Criminal Law

Author: XieLiang
Tutor: JiaJiDong
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Destruction of evidence Falsifying evidence Obstruction of Witnessing
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 29
Quote: 0
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Abstract


Article 306 of the Penal Code is one of the terms of the new Penal Code of 1997 . Since the date of its birth around that section of the controversy has never subsided , and the point of view of the theory by the abolition of the commentators and support outdone , at loggerheads over . Indeed, many lawyers to participate in the activities of the criminal proceedings on suspicion of the crime of being locked up in prison, however , does not have much real conviction . Paper is as the entry point is through the analysis of the crime of specific elements , hoping to understand the legislators to develop to the maximum extent possible the legislative intent of this section , thereby reasonable definition of the defender , agent ad litem in various acts of criminal proceedings nature. Only if the agent ad litem in criminal proceedings in the nature of the act has been a debatable premise , the judiciary in order to correctly apply the legislators intent on the basis of this article. In addition , the analysis of this section , the author section inadequacies also put forward some suggestions for improvement . This paper consists of the following four parts : the first part through the legislative background of the introduction of this section , combined with the controversy surrounding this section of the views and attitudes of the author of this article . The second part analyzes specific elements of this section constitute a crime , the object of the crime , the objective aspect of crime , the subject of a crime , criminal subjective aspect . Specific analysis in the analysis of the objective aspect of crime such as \The third part of the judicial determination of the specific analysis of this section , such as the identification of patterns of crime , the distinction and similar charges , as well as appear Coincidence of Articles processing . The fourth part is on the basis of detailed analysis of the first three parts of this section , and put forward specific suggestions for improvement , such as by modifying the Criminal Law Article 26, paragraph to expand the scope of the behavior of the lawyers disclaimer .

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