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On Misappropriating Crime

Posted on:2005-09-07Degree:DoctorType:Dissertation
Country:ChinaCandidate:J Z HanFull Text:PDF
GTID:1116360152956807Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The article sums up several offences whose object of act is false coin in the specific provision of Criminal Law into offence against currency as a group of crimes to review in full view. The general characteristic of the individual crime is usually macroscopically grasped, and then in microscopic way. We don't get rid of the shackle of the traditional mode, either. The article is not a simple analysis of individual crimes. But it analyzes the component of such crimes on the basis of the pattern of Ausfu hrung of individual crimes, and meanwhile reviews the legal interest, which takes the infringement on legal interest as the essence of crime. And then the article goes into the requirement of component of the offences against currency. After specifying component feature of individual crimes, we further analyze its identification, thus elaborate phenomenon of offence against currency comparatively thoroughly.Currency is a term of economics, but it should have its own feature and requirement in Criminal law. Currency as an economics term is mainly defined from the functions. Since Criminal law is assurance law of society, currency as a criminal term should correspond to the economics one. But its range is confined to paper currency and metal currency, except electronic currency such as bank note, as the adjustment object of Criminal law is different from economics. The ascertainment of the research object is premise of further research. The specific object will be perspicuous after the definition of the currency concept in criminal law. The article conduct research on forging currency offence, remodeling currency, selling , purchasing ortransporting false currency, purchasing false currency or substituting false currency for real one by employees of financial institutions which is formulated in the part of financial management order in existing law. Taking false currency as base point, the article brings smuggling false currency crime into offence against currency, so as to acquire a comprehensive understand of offence against currency.Thus the general characteristics of offence against currency emerge. Above all, the article conducts comparative research on the legislation state after confirming research range. Research on individual crimes can't be separated from the specific provisions of law, so summarizing the legislative evolution of offence against currency helps to dynamically further understand offence against currency. And we can find use for reference for us by the comparison between foreign legislation and ours.Since discussed as a group of crimes, offences against currency inevitably have generality. So the article respectively classifies offence against currency by effect of act sequence of act and the difference of the feason's status. Meanwhile, the article develops a special part to discuss the title of offence against currency, for academic world and actual practice disagree on the title of crimes, so as to make them simplified rational and scientific .The key of individual crimes lies in the research on their component features. Above all, the article defines the essence of offence against currency, which is the essence of crime in the means of infringement on legal interest. According to the research scope and category of offence against currency, the article puts emphasis on several typical legal interest of offence against currency. It firstly analyzes the legal interest of forging currency. Based on the analysis of theoretical dispute, it suggests the legal interest is multiple object, namely the authority of issuing currency and public credit on currency. The article also analyzes their relationship and holds that it belongs to alternative ones. So once one of them is infringed, the feason constitutes crime. Similarly,the legal interest of the crime of purchasing false currency or substituting false currency for real one by employees of financial institutions is also multiple legal interest, which includes order of financial management and credit of financial institution and they can be...
Keywords/Search Tags:offence against currency, legal interest, criminal component, accomplished crime, number of crime
PDF Full Text Request
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