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The Legal Analysis Of Hangzhou Drag Racing Case

Posted on:2011-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:F DuFull Text:PDF
GTID:2166360305465455Subject:Law
Abstract/Summary:PDF Full Text Request
This article in " Hangzhou Drag Racing Case " raises legal circles controversial legal issues. Which criminal of the application for Hu Bin drag racing acts is the focus of the analysis, Hu Bin's drag racing on the conduct which the law should be applied? Is to identify the crime of crimes against public security or to crimes of causing traffic casualties? Second, elaborate the applicable to penalty. In China's current criminal law on the basis of theory and judicial practice, use Law and Economics analysis crimes of causing traffic casualties.I study the case of Hangzhou drag racing that basing on the judicial practice and the criminal law theories. Draw a comparison with the case of Beijing. In conclusion, Two cases application in different criminal law and other participants in the two cases drag racing in varying degrees of punishment; surrendered two cases are differences. Then, from the elements of the criminal law theory proceed the distinction of crimes against public security and crimes of causing traffic casualties. This paper discusses the case of Hangzhou drag racing focus on Hu Bin is surrendered and the establishment of whether the other should be convicted of speeding.The case of Hangzhou drag racing that provide a typical sample material and through the analysis of the case, the author proposes to include the potential damage offence to the crimes of causing traffic casualties. And the author use game theory that belong law and economics to the driver under different legal systems behavior is analyzed. Criminal liability in drivers under the legal system, the driver careful driving has markedly increased. Through comparative analysis of domestic and international legislation and combined with the purpose of the criminal Law, draw the following two conclusions:Dangerous traffic accident should be included in the crime; traffic accident crime should be additional qualifications.
Keywords/Search Tags:Justice, Potential damage offence, Game analysis
PDF Full Text Request
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