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On The Judicial Holding And Legal Perfection Of Crime Of Duty Encroachment

Posted on:2006-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2166360155454194Subject:Law
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From the beginning of our country's reforming, the economic system ischanging greatly, the socialism marketing system is establishing. Beingfitful to the current economic basis. In 1995, the china's congress enacts alaw about the crime of duty encroachment. It is the first time that dividesthe corrupted crime and the crime of duty encroachment in legislation. Inthe 1997, the crime of duty encroachment becomes an individual crime inthe criminal code. The content include all the aspect about the convictionand measuring the punishment. From then on, it supplies the legal basis tothe judicial practice. The Supreme Court enacts legal explanation to makeits more practice.Facing to the disputed problem in the judicial practice, in the essay, wedivide four chapters to study the crime of duty encroachment.The chapter one is about defining the concept of the crime of dutyencroachment. Now, there are many definition of this crime. By analyzingthese viewpoints, we find the shortage in this. Comparing with the otherdefinition, we define the concepts like this"the employee in the company,enterprise and other units utilizing the advantage of the position, intent toillegally to possesses the unit's property by the artifice of swindling,stealing, peculating and others. The amounts achieve the prosecution. Thisdefinition is fit to the basic Character of the crime, and obey the legislatedspirit of criminal law.The chapter two involves several issues in criminal construction. Thereare four parts following by criminal subject,criminal object,criminalobjected element,criminal subjected element. The first is the criminalsubject, base on the criminal code, the subject of crime of dutyencroachment is employee of the company, enterprise and other units. Howto conclude the subject is a disputed problem. From the regulation of article271 of criminal code, we define it as the employee not to be the employee inthe government. From that we can distinguish with the corrupted crime. Atmeantime, the temporary employee can be the subject except the individualtrader. The second is about criminal object. By discussing the current...
Keywords/Search Tags:Encroachment
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