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The Determination Of The Crime Of Sabotaging Electric Power Equipment Based On A Case

Posted on:2013-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:X L HeFull Text:PDF
GTID:2256330401451038Subject:Law
Abstract/Summary:PDF Full Text Request
There are a lot of disputes about the determination of the crime of sabotaging electricpower equipment in practice As a result of cases study., the disputes mainly include:1,how to identify the meaning of the electric power equipments in use;2, how tounderstand the public security;3, the status of harmful consequence in the crime. Theelectric power equipments in use, according to the Electricity Act and relevant judicialinterpretations, refers to those generating equipments, power supply equipments, electrictransmission&transformation equipments and accessory equipments be involved inpublic security which formally deliver into service (include those equipments whichalready been delivered but no yet been energized) or put into service (include alreadybeen energized just because of dry season or power shortage and other reasons stop using)after acceptance.Theoretically, there are a lot of disputes about the understanding of public security.Public Security, look from the words’ meaning and the spirit of legal rules, refers to thelife and health of majority people, the security of major public or private property, thesafety of social normal work and the production. From the perspective of the concept ofharmful consequence, the consequence of the crime of sabotaging electric powerequipment is that infringe upon harm or risk to electrical safety.In the crime of sabotaging electric power equipment, the status of harmfulconsequence vary from the different kinds of criminal intent. In direct intentionalsabotaging electric power equipment behavior, the harmful consequence is unnecessary toconstitute the crime of sabotaging electric power equipment. However, in indirectintentional sabotaging electric power equipment behavior, the harmful consequence isnecessary to constitute the crime of sabotaging electric power equipment.
Keywords/Search Tags:Crime of Sabotaging Electric Power Equipment, Electric PowerEquipment in Use, Public Security, Harmful Consequence
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