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An Analysis on the Case of CaoTian’s Neligent Homicide

Author: YanYinBao
Tutor: LiuShaoBin
School: Lanzhou University
Course: Criminal law
Keywords: Courageous Wrongful death Protection
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 158
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Abstract

China’s current legal provisions on the courageous few, can hesitate to do what the regulation and provide the legal basis of the norms of relief scattered in criminal, civil, and courageous and dedicated among the local statutes or regulations.As a result, most courageous and can only be "a hero all of a sudden, glorious for a while, the pain forever." This departure from the Caotian courageous analysis of the case in which the deep-seated reasons. China’s existing laws and regulations regarding the courageous in the light of criminal defense, criminal procedure law of citizens seized and turned over the system, and the Civil Law and without a system. Although most of the provinces, municipalities and autonomous regions have formulated relevant local laws and regulations, but most of its provisions rather imperfect, on the courageous and identification standards are not uniform, the registration department is not clear, consistent standard of compensation, confirmation process is imperfect, found no evidence of limitations Specific issues. Courageous and often the lack of effective assistance, the negative effects of such damage to the construction of a harmonious society in China. Therefore, Samaritan’s social security system be further improved.The paper structure is divided into three parts:The first part of Caotian basic description of the case. Case described by the two sides of plea claim, the court’s verdict form. The two sides also introduced the controversial point of view.The second part, this part is the focus of this paper. For this case the focus of controversy, the focus on Caotian whether a crime, constitutes What’s wrong with the sentencing and the reasonableness of Caotian analysis. Caotian act or acts of citizens are seized and turned over the defense behavior. I found Caotian constitute a crime, then Caotian whether the conduct constitutes an indirect intentional homicide, intentional assault, negligence causing death were analyzed and compared.The third part, from the current relevant laws of China on the courageous and courageous provincial incentives and protection regulations were starting to sum up the laws and regulations in the imperfections. And started in on how to improve the protection of the rights and interests courageous and I made some suggestions and ideas.

An Analysis on the Case of CaoTian’s Neligent Homicide

Abstract

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