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"Wang Guangyu Abuse, Intentional Injury Dong Shanshan Case" Legal Analysis

Posted on:2012-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2166330335470159Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years, abuse, domestic violence in our country worse. However, due to the ill-treatment of the current legislation and judicial practice, there are many defects, coupled with a long tradition of law by the Chinese culture and moral constraints, resulting in behavior after suffering domestic abuse is difficult to seek legal relief, and perpetrators are often also because of Criminal legislation on the ill-treatment defects are not reasonable punishment. Starting from the typical case of this paper, through the ill-treatment legislation and judicial practice related to the analysis, proposed to build suitable for China's mechanism of anti-abuse law reasonable proposal. This article includes the following aspects:Chapter I Basic facts and related legal issues. This chapter introduces the basic facts of the case, the focus of controversy and court trial situation.The second chapter on legal issues related to a defendant convicted of. This chapter of the defendant's conduct constituted maltreatment, the definition of ill-treatment, constitute a detailed analysis of crime. Whether by the defendant's conduct constitutes a crime of intentional injury, intentional assault on the ill-treatment and a comparative analysis.The third chapter on the number of crimes related to the defendant legal analysis. This chapter describes the theory to analyze crime number obtained for the defendant's criminal conduct should be graft.Chapter IV Legal Problems on the case. This chapter from the perspective of the legislative and judicial practice, the two were explained the provisions of the Criminal Law embarrassing situation for the ill-treatment, combined with China's specific national conditions, proposed the establishment of a reasonable mechanism for anti-abuse law proposals.
Keywords/Search Tags:Maltreatment, Bodily Harm, Mechanism of anti-abuse law, Defect
PDF Full Text Request
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