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Exploration of the Regulation of Violent Intimidation in the Criminal Law

Author: LuYi
Tutor: XingZhiRen
School: Liaoning University
Course: Criminal Law
Keywords: Violence intimidation Legislature compares Legislature suggestions
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 83
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Abstract

With the construction of China’s socialist legal system and the continuous step up of people’s thinking and progressive liberalization, the values of the public also began to diversify. This diversity of social cognition and the lack of public awareness often make a lot of people in doubt on their own stability in the social position. This article discusses the violence to intimidate people is not caused by a sense of stability behavior of the perpetrators of violence, intimidation of crime attributable to the consequences of acts, ranging from traumatism, to people suffering from psychiatric disorder. Intimidation has a bad impact on and does great harm to the society .Such acts not only violated the right to personal freedom of citizens, but also destroy the social order. So I think there is a need to explain the nature of violent acts in order to enhance the reader’s understanding of it. Acts of intimidation have a very wide range of content, in this paper, only the use of violence for the content can be analyzed, the threats of violence but not implemented is the focus of the study. Violence is at ease but not the means. If you simply go from the literal text, you distort the meaning of threats of violence. Once there are the acts of violence during threatening, it is afar intimidation. While it is part of current criminal law of other types of crime regulation of our country.There is no pre-suppression or the arrest of such crimes by the appropriate application of the law in China’s current criminal law, so when such threat happens, there is no legal basis for the judiciary, that is to say, the existing criminal law can not be effective against the types of crimes of violence of intimidation. So the personal freedom of citizens can not be protected to the greatest extend. According to China’s national conditions, I think it is necessary involving the contents of Intimidation in Criminal law and Punishment of such acts and regulations system to avoid the legal aspect of the missing, So that the legislature and the judiciary can be more standardized, more complete. In this paper, four aspects of violence threatening the system of criminal laws and regulations will be issued mainly. First, I will analyze the status of intimidation of our system of criminal laws. Second, Pointe out the violence intimidation inadequacies of the system. Third, compare national legislation and regulations system with that of Japan, Germany, the United States, the United Kingdom and other countries. At last, according to the inadequacy of existing legislation, I will mention some suggestions here that crime of intimidation be added into Criminal Law. Therefore, a lot of the problems of justice can be settled during judicial practice, and it can Strict legal system and improve the maintenance of social order, meanwhile Human dignity can be protected.

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