Research On The Crime Of Retaliating Against A Witness

The definition of the crime is:an act of encroaching on a witness' and their close relatives'legal rights and interests, which arouse the act of testifying.The act of attack and retaliation encroaches on the regular litigious activities of judicial authorities and witness'and their close relatives'legal rights and interests. Action is the main form of attacking and retaliating, but it also exist the form of negative act which can constitute the crime. The object of the crime is witness and their close relatives, and damaging the witness'property can constitute the crime too. There is a cause-and-effect relationship between the act of testifying and attack and retaliation:the cause is the act of testifying which happens ahead; the consequence is the act of attacking and retaliating which happens behind. The subject of crime is natural person; unit can't be the subject of this crime. There is no affect on constituting the crime that whether the actor have the stake of the case or not. The subjective aspect of the crime is direct intention only, and carrying with the aim of attacking and retaliating witness. This crime is behavioral offence, if the actor carries out the attacking and retaliating only, and no spite of the substantial result. We should make a tentative probe on the differences of crime of retaliating and this crime, crime of impairing giving testimony and this crime, crime of intentional injury and this crime, and the quantity of crime about this crime. The law of this crime exist three defects:the protection target of this crime is too narrow, the rights of property is too vulnerable and the measurement of penalty is too general. So we should perfect the set of the law in allusion to the defects.