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Study on Crime of Negligently Endanger Public Security in a Dangerous Way

Author: LuQingLiang
Tutor: ChenHang
School: Lanzhou University
Course: Legal
Keywords: Negligence Dangerous methods Drag racing behavior Transport behavior Public Safety
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 293
Quote: 1
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Abstract


Chinese summary offenses Article 115 of the Criminal Law of the People's Republic of China \theory and research articles books numbered, so for the draw on theoretical knowledge very few. With the social development and people's living diversification in real life behavior more and more involved in the offense and was closely complex linkages, both in legal circles or in judicial practice there are controversial and differences. How do you see the fault of the crime of endangering public safety in a dangerous way, how to determine the specific identification of the subjective aspect of \and the correct application affect the realization of justice, also related to the purpose of crime How accurate qualitative and give appropriate sanctions in order to play the role of criminal law and in accordance with the penal prevention and criminal sanctions. Introduction In this thesis, Hu Bin, drag racing case case transferred to the negligence of the crime of endangering public safety in a dangerous way of judicial practice and legal circles in the case of great controversy and disagreement. In this paper, the charges structure is divided into four parts: The first part is the offense set forth by law from the characteristics of the concept of the offense, the elements of the crime, as well as how to identify the various elements are discussed. The second part is the focus of this article, this section is specific and detailed analytical understanding of the offense, the offense is composed of three basic parts of the fault, dangerous methods, public safety. This section to start on these three aspects, the first \text analysis. Secondly, to focus the discussion and analysis of the \combined with related cases in our judicial practice of assessing summary of other dangerous methods. Closely integrated in the text Hu Bin motorcycle racing case on racing behavior to understand analysis and strive explicitly racing nature of the act attributes. The third part is the by Hu Bin drag racing case of dispute to compare the characteristics of the analysis of negligence in a dangerous way of endangering public security and similar charges constitute a crime. The fourth part is to set forth the legislative basis and principles of negligence to the crime of endangering public safety in a dangerous way.

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