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Study on Crime of Releasing Prisoners without Authorization

Author: LaiHaiBo
Tutor: ChenLi
School: Xiamen University
Course: Legal
Keywords: Private place Detainees Elements
CLC: D924.3
Type: Master's thesis
Year: 2008
Downloads: 52
Quote: 1
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Abstract


Private persons in charge is a serious offense of dereliction of duty crime. To be able to fully and correctly grasp the offense (article appeared the \analysis, feasibility studies, comprehensive exposition of this crime in all the constituent elements, summing up historical experiences, learn from foreign judicial experience, and thus the crime inadequacies conduct the review and submit comprehensive proposals accurate positioning private on charges officer crime, to ensure that national regulatory system the seriousness of the acts of private persons in charge weave a more rigorous criminal Roland Garros, truly \I believe that this crime should be defined as: private persons on charges sins that are dependent on the laws, decrees, orders or other requirements, with regulatory responsibilities to release a person is lawfully detained, detained persons (including places of detention and escort on the way) of behavior. Detainees target range is: Where in accordance with laws, regulations, decrees, decisions, orders and other legally imprisoned, detained persons. In the sentence, the sentence to increase eligibility. Besides the introduction, conclusion, the paper consists of private persons in charge of sin Legislative History and comparative analysis of the concept of crime constitution, should pay attention to the problems identified, legislative review and improvement of four chapters. The first chapter of this crime Legislative History and comparative analysis begins with a brief introduction of this crime in our country's origin and history requirements, highlighting the significance of the Tang representative of the relevant provisions; followed by the introduction of this crime in the new Chinese law legislative history; third is foreign to this crime legislation before; Finally, Taiwan and Macao crime legislation on the status and the contrast with the mainland. The second chapter is the concept of sin and crime constituted the focus of the chapter is a full part, mainly through the case, the relevant theoretical explanations on the charge of private persons and the definition of the offense constitutes a crime. The third chapter of this crime should be noted that the problems identified, mainly on the crime or that this crime and other crimes, and the problems related charges constitute complicity, a crime with a number of crimes, crime patterns and other aspects of the authorization. The fourth chapter is the review of the Crime and improvement through the first few chapters of this analysis, demonstration, review of legislative provisions in this crime inadequacies, put forward the corresponding sound advice.

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