The case study question is urgent! 5. The case study question is urgent!

Very classic criminal law case analysis questions.

From the analysis of culpability, illegality, and deference.

1. It mainly involves the distinction between intentional and negligent culpability:

Intent is the intention to hope or allow the result to occur after knowing that the act has caused harm. It is divided into direct intention and indirect intentionality, direct is hope, indirect is laissez-faire. In this case, "someone" was afraid of stealing, not poisoning and killing, and no one would poison anyone to steal, so it was not directly intentional.

But he said that the melon had been poisoned and was not responsible for eating it to death, which means that he foresaw that someone might eat it secretly, but he held the mentality that he deserved to eat it. So there is a certain element of indirect intentional homicide. Indirect intent and overconfident negligence can be confused, and the distinction is further drawn below.

Negligence is one that should have been foreseen but not foreseen or credulous enough to be avoided. It is divided into negligent negligence or overconfident negligence, and the difference between the two is that negligence should have foreseen rather than not foreseen. Overconfidence is negligence, which distinguishes it from indirect intent, mainly because of the measures taken that can avoid harm.

In this case, a person planted a card in a melon field, but it was not enough to prevent others from harm, for example, if others did not see it, or could not read and write, it would cause harm, so the subjective state of a person in this case was indirect intent.

2. As for other appropriateness and illegality: In this case, the act, subject, harmful consequences, and causal relationship all clearly refer to no objection, let alone exclude the circumstances of illegality.

Therefore, it is defined as indirect intentional homicide. ok

Crime: Watermelon is injected with pesticides and the consequences are serious, killing people is a crime.

Because stealing watermelons doesn't cost you your life, and you're the one who poisoned you.

The melon has been poisoned, and it is not responsible for eating death" This article is a standard clause, which obviously has the characteristic of excluding the liability of the person providing the clause, so it is invalid and should be sentenced to the crime of intentional homicide.

b and a.

A contract is an agreement between civil subjects to establish, modify, or terminate a civil legal relationship. Article 464 of the Civil Code of the People's Republic of China: Marriage, adoption, guardianship and other agreements related to identity relationships shall be governed by the provisions of the laws on such identity relationships; Where there are no provisions, the provisions of Part III may be applied by reference on the basis of their nature.

Contracts established in accordance with the law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law. The contract arises in response to the objective requirements of the commodity economy of private ownership, and is the legal expression of commodity exchange.

After the production of commodities, in order to ensure the safety and credibility of exchange, people gradually formed many habits and rituals about exchange in the long-term practice of exchange. These customs and rituals of commodity exchange gradually became the general rules governing the exchange of commodities. With the establishment of private ownership and the emergence of the state, the ruling class, in order to maintain private ownership and normal economic order, laid down in legal form the customs and rules of commodity exchange that were favorable to them, and guaranteed their implementation by the coercive power of the state.

Thus the formation of the contract law for the exchange of goods came into being. Contracts were valued in ancient Rome.

The signing of a contract must go through the prescribed manner before it can be legally valid. If any detail is omitted from the terms and actions of the contract ceremony, the entire contract will be voided. With the development of the commodity economy, this cumbersome form has a direct impact on the development of commodity exchange.

In theory and practice, Roman law gradually overcame formalism in treaty-making. The advent of contracts in rem and contracts of agreement marked the shift of Roman law from the emphasis on form to the will of the contracting parties, thus freeing the exchange of goods from cumbersome forms and becoming the historical source of the modern concept of freedom of contract.

1. The organization is overstaffed, the personnel are overstaffed, the approval procedures are cumbersome and responsible, the work efficiency is low, the staff is small, and the funds are tight.

Hope it helps.