Briefly describe the crime as a concrete manifestation of reinforcement

Updated on healthy 2024-05-16
4 answers
  1. Anonymous users2024-02-10

    Criminal behaviour is manifested mainly in the form of acts and omissions. For example, the crime of intentional injury is a crime, which refers to a natural person with the capacity for criminal responsibility who intentionally commits an act that harms the lawful rights and interests of others and causes damage; The crime of abandonment is a crime of omission, which refers to the act of refusing to support and protect the rights of others, and causing damage.

    [Legal basis].Article 234 of the Criminal Law of the People's Republic of China.

    Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.

    Whoever commits the crime in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

    Article 261.

    For the elderly, young, sick, or other persons who do not have the ability to live independently, and have an obligation to support them but shout that Suichen refuses to support them, and the circumstances are heinous, they are to be sentenced to up to five years imprisonment, short-term detention, or controlled clan heads.

  2. Anonymous users2024-02-09

    The two basic manifestations of criminal behaviour are: acts and omissions.

    A criminal act is an act committed by the offender that constitutes a crime in violation of the provisions of the criminal law. It is the basis for the composition of crimes in criminal law and the basis for the perpetrator to bear criminal responsibility. Acts that are harmful to society, violate the Criminal Law of the People's Republic of China, and are subject to criminal punishment are called criminal acts.

    A criminal act is an act that satisfies the four constituent elements of a crime. The "act", which is an objective element of the criminal body, refers to the physical behavior of the actor based on his or her freedom of will. China's criminal law stipulates that there are more than 400 kinds of crimes, which are analyzed from the constituent elements.

    Every crime of knowing the world has four elements: the subject of the crime, the subjective aspect of the crime, the objective aspect of the crime, and the object of the crime. The subject of the crime refers to the person who commits the criminal act. For every crime, there must be a criminal subject.

    Some crimes are committed by one person and the subject of the crime is one person, while others are committed by several people and the subject of the crime is several persons. According to the provisions of the Criminal Law, if a company, enterprise, public institution, organ, or group commits the crime of erecting disorderly limbs, it constitutes a crime committed by a unit, and therefore, the unit can also become the subject of the crime.

    Omission-type crimes

    Omission is relative to act and refers to the act in which the perpetrator has a specific legal obligation to perform a positive act and is able to do so without doing so. Omission is a special form of behaviour and has an opposite relationship with acting.

    Due to the complexity of inaction, it has been a point of contention in behavioral theory. Whether or not inaction is an act is itself a question to be demonstrated. Various behavioral theories seek to prove the behavioral nature of inaction, and it can be said that the behavioral nature of action is the touchstone for testing various behavioral theories.

  3. Anonymous users2024-02-08

    There are two basic manifestations of criminal conduct: conduct and omission.

    Criminal acts, as constituent elements of the criminal body, are slag transportation, which refers to the physical behavior of the subject of the act based on his or her freedom of will, which is infringing on legal interests. Acts that are harmful to society, violate the Criminal Law of the People's Republic of China, and are subject to criminal punishment are called criminal acts. A criminal act is an act that satisfies the four constituent elements of a crime.

    Subjective aspect: refers to the psychological state of the criminal subject about the criminal acts committed by them and the results of them. There are two kinds of mental states in the subjective aspect of crime, namely intent and negligence.

    For example, when the offender commits the crime of theft, the offender wants to steal other people's property as his own. The crime of intentional injury is committed in which the offender wishes to cause bodily harm to another person. Some crimes are negligent in nature, such as the crime of arson, in which the offender has a state of mind of negligence.

    Features:

    Subjectivity: The subjectivity of behavior involves the question of the subject of action, which reveals that behavior is a human behavior, and that certain behaviors belong to people, and here is the basic premise of understanding the concept of behavior. The subjectivity of the act defines the subject of the act as a person, thus excluding the possibility of something other than a person becoming the subject of the crime.

    Therefore, the subjectivity of the act indicates that only a person has some qualifications to carry out the act, but the subjectivity of the act only defines the subject of the act, and is therefore different from the subject of the crime.

    Criminal subjects refer to persons who have the capacity for criminal responsibility, who have committed criminal acts, and who should bear criminal responsibility in accordance with law. Therefore, the subject of a crime can only be established if an act constitutes a crime and should bear criminal responsibility. The subject of the act is only to indicate the perpetrator of a certain act, and there is no substantive qualification for the subject of the act.

    Therefore, the subject of the act (the perpetrator) should not be confused with the subject of the crime (the perpetrator).

  4. Anonymous users2024-02-07

    1) The perpetrator committed a basic criminal act, but the result was aggravated.

    2) There is a causal relationship between the basic criminal behavior and the aggravating result.

    3) The perpetrator generally has intent for the basic crime and is at least negligent for the aggravating consequences.

    4) The criminal law increases the statutory penalty as a result of the aggravation of the antecedent.

    Legal basis] Article 232 of the Criminal Law.

    Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

    Article 14. Intentional crimes are committed when one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime.

    Those who commit intentional crimes shall bear criminal responsibility and repent.

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