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Some Suggestions On Fraudulent Crime

Posted on:2006-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:B XuFull Text:PDF
GTID:2166360155475183Subject:Law
Abstract/Summary:PDF Full Text Request
Fraudulent Crime is a common crime in our everyday life. But there are many questions on practice。At first, it's a argued question that the sign of the crime completed is "possess"or "control". Fraudulent Crime is a completed offence and also a immediate intention Crime, its intention and the consequence should be accordance; Additional, the intention "occupy"should be regard as "possess". So, the sign of the crime completed should be "possess". Secondly, As the society developing, the legislation pattern of a completed offence and a intention Crime can not come up to the request of practice, so the author suggests to reform the old pattern to behavior crime legislation pattern. Thirdly, it's also a argued question that the conviction plots of Fraudulent Crime is "intent to occupied amount"or "actual occupied amount". The subjective doctrine approves the former, but the objective doctrine agrees with the latter. the conviction plots of Fraudulent Crime will influence many things, for instance, the action is legal or illegal; the crime is completed or uncompleted; which plots should be choose to decide the penalty, and so on. What's more, it will influence the whole penalty structure. It's proved to be not perfect only choosing the intention to occupied amount or the actual occupied amount. So the author suggests to choose both the intention to occupied amount and the actual occupied amount as conviction plots. Of course, there are many questions in Fraudulent Crime. We cannot discuss here.
Keywords/Search Tags:Fraudulent Crime, Intention Crime, Legislation Pattern, Conviction Plots, Penalty Structure
PDF Full Text Request
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