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A Case Study of "Guoyulin and Other’s Robbery"
Author: ZhangZuo
Tutor: LiuShaoBin
School: Lanzhou University
Course: Legal
Keywords: Common criminal Full responsibility for some acts Causing serious injury or death in the course of robbery Fraud Triangle
CLC: D920.5
Type: Master's thesis
Year: 2010
Downloads: 149
Quote: 0
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Abstract
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Common crime is common on property of crimes case.Usually, the cases of theft, robbery, fraud is often organized, premeditated, and multiple groups of crimes. The large number of actors involved in the criminal plot complex, the applicable law requires a lot of judicial interpretation and theoretical guidance, the study of common crime is a very important part of the criminal law.In this paper, a specific case to carry out elaborate robbery. First we’ll analysis the case process and the sentence was based on, and then focus on the most controversial case, the focus of discussion, namely, where the scope of a common criminal. But the author doesn’t fully agree with the charges given by the original sentence. The author believes that the complex circumstances of this case should not only set a single crime of robbery and one for punishment.This paper mainly discusses the following five parts:The first part is an introduce of the basic case, and explain the case to the controversy over the course of focus and judge the results, in order to do further analysis below foreshadowing.The second part is a key issue of this article.The judgments leads from the basic theory of joint principal offender. It is depth analysis of the concept of joint principal offender.The third part is the second key issue of this article. Based on the above theoretical analysis,the author analysises the four joint principals who conduct their own nature and should bear the legal responsibility.The fourth part is disagreement on the case.The original trial results lead to the views of some of the author.The last part is a summary of the case, and made some immature for criminal law theory and judicial practice.
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CLC: > Political, legal > Legal > Chinese law > Interpretation of case
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