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The Crime Of Forced Labor Of The Main Controversial Issues

Posted on:2017-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:S Z HuangFull Text:PDF
GTID:2296330485966511Subject:legal
Abstract/Summary:PDF Full Text Request
The 38th Article of the Eighth Amendment to the Criminal Law of the People’s Republic of China amended the crime of forcing worker to labor to the crime of forced labor. Which has made improvements on the criminal subject criminal objective, and also the legally prescribed punishment. However, the big controversy revise and improve after the crime of forced labor exists in Judicial Application.In this paper, the crime of forced labor in the major contentious issues in the matter of expansion specific inquiry and analysis, not for a complete system, the only hope for a more controversial issues in the elucidation of some of his views in order to be able to learn from the judicial practice, or even become the target of criticism scholars.In addition to the introduction and conclusion, the paper is divided into three parts:The first part of the inquiry is the crime of forced labor issues of qualitative disputes. Starting from an angle crime, focuses on its object, objective aspect, subject, subjective aspect of the controversial issues in the theorists and practitioners, and put forward their point of view, also be discussed in this section illustrate theoretical content in practice and practical significance.The second part, the study of forms of forced labor Crime contentious issues. Combined joint crime-related theory, theorists and practitioners controversial issue-whether the introduction of "assisting forced labor offenses" Expand Exploration and discussion; binding scholars opinions and reasons for forced labor crime of several crimes issue further summary and thinking, give personal views. In this part of the expanded inquiry by the introduction of a real case, to analyze real cases of forced labor in the crime of Imaginative Joiner of Offenses, Implicated controversial issues, and ultimately concluded.The third part, mainly on the offense of forced labor and child labor in the critical labor crime, the crime of forcing illegal dangerous operations, organizations of persons with disabilities, children begging point of confusion between crime, border points and other content to sort out and explore, with a view to the future judicial practice, it is possible to accurately and effectively identify cases of forced labor.
Keywords/Search Tags:crime of forced labor, qualitative disputes, crime form, charges boundaries
PDF Full Text Request
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