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Analysis On The Case Of Chen Posed As Soldiers To Trick On Someone

Posted on:2014-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:X H YaoFull Text:PDF
GTID:2296330425986817Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the criminal cases of society posing as soldiers trying every trick to mislead the public are continuing without end, which caused the bad social effect and serious damaged to the soldier’s prestige and image. Because the offender’s criminal behavior often violated multiple statute and the way of crime after another, each region of the penalty for a similar case is the lack of uniform standards, which lead to the similar behavior has different crime and the similar cases have different judgments. The judgment for criminal offenders desiderates uniform standards. The trickster posing as soldiers of Chen’s case as typical of similar cases which criminal behavior is complex involves many controversial law and the dispute of punishment fits the crime is large. This paper sets this case as an example which provide reference for similar cases to punishment fits the crime.The focus of the dispute in this case is the identification of Chen’s crime and quantity of crime. The constitution of a crime is criminal behavior judgment standard, so this paper based on the theory of crime constitution and cornies on the analysis of Chen’s crimes. His behavior were fit for fraud, posing as soldiers try every trick to mislead the public, bigamy crime criminal constitution, but not with rape criminals. Secondly, the author of the accused Chen of the relationship between crime for identification, according to the continuity of the same mens real and behavioral standards, finds its large amount of property fraud posing as soldiers, women victims of fraud posing as soldiers and their sexual relationship with a number of female victims of criminal acts of bigamy three separate crimes. Finally, based on the reasons for the formation of competing, whether for all damage caused by the act to evaluate the facts and law involved evaluation of whether a violation of the same object three standards to convicted of the three crimes and determine Chen fraud posing as soldiers conduct constituted a relatively large amount of property rather than competing Lapping of Legal Provisions imagine, imagine competing basis weight from a standard, should be convicted for fraud:and because of its three criminal behavior does not exist between the legal absorption relations and involvement and would therefore cheat posing as soldiers and their female victims of sexual relations with a number of female victims conduct and behavior of bigamy should respectively trickster posing as soldiers convicted of crimes and bigamy; therefore should eventually for fraud, crime trickster posing as soldiers, bigamy conviction graft.
Keywords/Search Tags:Crime of cheating and lying by pretending to be soldiers, Crimeconstitution, Concurrence of law, Imagine competing, Combined punishment forseveral offenses
PDF Full Text Request
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