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Disturb the crime study

Author: WangXiaoJiang
Tutor: ZhengWei
School: East China University of Politics and Law
Course: Criminal Law
Keywords: Disturb the crime Judicial practice Public places Zuiyufeizui Behavior Subjective characteristics Common criminal Crime of affray Judicial practice Objective aspect
CLC: D924.3
Type: Master's thesis
Year: 2002
Downloads: 431
Quote: 8
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Abstract

Disturb the crime is a new crime, the original Criminal Law hooliganism decomposition is more common in judicial practice. While the scientific community is generally agreed that the success of the revised Criminal Law of the decomposition of hooliganism, conviction and sentencing of favor in the judicial practice correctly, but the newly established disturb the crime plot guilty the plot as trouble in Zuiyufeizui boundaries understanding in the judicial practice is still relatively vague, it also brings new problems found in the behavior disturb the crime objective performance refinement of behavior have but did not attain their plot requirements, how to deal with, in judicial practice community recognizes very inconsistent, especially disturb the crime and other criminal boundaries, not only related to the qualitative and sentencing, in relationship to the crime or the people involved in a common crime problem. All of these issues, not only in the departments of public security, judicial practice there is controversy, and have a different understanding of the same in the handling department investigators, resulting in similar cases that had been handled differently affect the seriousness of the judicial and authority, as well as violations of the legitimate rights and interests of citizens. This paper attempts to be based on provisions in criminal law and judicial interpretation, combined with the practical issues and specific cases of judicial practice, the guidance of the basic theory of criminal law, sought to disturb the crime comparison system, in-depth discussion, in order to be beneficial to the judicial practice . The first chapter is an overview of the crime of creating trouble, first of all proceed from the analysis of the concept of trouble in the crime, which focused on whether it should be limited to \4 gt; thing sin does not necessarily occur in a public place, disturb the crime should not be limited to the concept of \aspects of behavior, and finally put forward its own definition for the crime of creating trouble. The second section analyzes the origin of the trouble in the crime, and a similar provision of ancient Chinese and foreign criminal law, and a comparative analysis of hooliganism in the modern criminal law and disturb the crime. The second chapter focuses analyzed the characteristics of the composition of the trouble in the crime, the controversial larger disturb the crime of which the object characteristics and subjective characteristics made to focus on the exact meaning of the violations of social and public order to disturb the crime elaborated analysis of the subjective characteristics of the crime of creating trouble in \The articles focus on Chapter disturb the crime judicial determination. Of the cause trouble Zuiyufeizui boundaries first overall analysis, disturb the crime plot grasp judicial practice a few key points; then combined with specific cases analyzed disturb the crime confusing judicial practice with the crime of intentional injury, robbery, extortion, affray, the crime of intentional destruction of property and assembling a crowd to disrupt social order, crime of organizing a mob to disturb public places, traffic order compulsory indecent women's crime, the crime of insulting the boundaries. Chapter IV of the article explore several problems that disturb the crime. Issues of common crime problems disturb the crime, a crime of several crimes, Xu line commit problem. Chapter of the article is to disturb the crime provisions of the revised Criminal Law Reflection and Evaluation of behavior required to achieve the vile unreasonable severity or the consequences, not specified disturb the crime caused serious injury, death how to deal with a major omission in the Criminal Code, will disturb the crime, the punishment to greatly reduce the drawbacks and other views put forward their own proposals, and disturb the crime reconstruction.

Disturb the crime study

Abstract

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