Historical Study On Crime Of ENgaging In Speculation

This Thesis presents a study on the process of birth,growth and death of the crime of engaging in speculation .The author takes the crime of engaging in speculation's historical process as clues, refers to a large number of historical documents, the party history materials and various criminal legislative documentations on the crime of engaging in speculation and applies comprehensive research methods including the historical study, the literature to summarize, the case analysis, comparative study.Unlike most scholars who"research this crime in the pure punishment legal science"or"merely discuss the question about this crime 's save", the author of this thesis carries on the thorough analysis this crime with the criminal law history's angle: First of all, the author introduces the background and the significance of the selected topic, the research results already achieved on this crime , and this article's research contents and research techniques. Then, the author carries on the analysis this crime 's formation and the historical background in domestic and the international aspects, carries on the summary of the influence about domestic and the international related similar legislations before the birth of this crime , elaborates this crime's formation background condition. Furthermore, the author takes Criminal Law of the People's Republic of China in 1979 as the time threshold, and makes the analysis of this crime's entire developing process.At the end of the thesis, the author makes a expatiation on the viewpoints and the reasons of this crime's save in the academic circle, the judicial world and the vertical legal community, carries on the analysis the final attitude of the legislature and the legislative background, summarizes the reasons of this crime's death. Finally, the author will unify the above researches to carry on the summary of the full text, simultaneously indicates own viewpoint about the one hot spots of society: whether to restore the crime of engaging in speculation to regulate the crazily fries the room behavior.