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Research About Acting Unfairly From Selfish Motives In The Doing Wrong To Serve One's Friends Or Relatives Type Malfeasance Crime

Posted on:2006-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q W HouFull Text:PDF
GTID:2166360155975226Subject:Criminal Law
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97 Penal Code set a special chapter for malfeasance crime, which reflected the spirit of supervising the officials strictly of our country. In recent years, because of high rate of occurrence, the doing wrong to serve one's friends or relatives type malfeasance crime has been becoming the concerned focus of the circle of criminal law, and the focus in this focus concentrates on the discussion of the question of acting unfairly from self motives. From the point of judicature, the discussion of the question of acting unfairly from selfish motives mainly involve the following three questions: (1) How to confirm the concept of acting unfairly from selfish motives; (2) How to orientate acting unfairly from selfish motives in theory; (3) How to cognizance the number of crimes in doing wrong to serve one's friends or relatives type malfeasance crime. Through exhaustive analysis, this text draws the following conclusions on the questions above: acting unfairly from selfish motives includes practicing favoritism, and should also include acting unfairly from unit's motives. It should be a subjective constitutive element of crime, and according to the different forms of trespasses of doing wrong to serve one's friends or relatives type malfeasance crime, acting unfairly from selfish motives, as a kind of motive, should be orientated separately in two situations. Concretely, it should be orientated as the crime motive in doing wrong to serve one's friends or relatives type malfeasance crime on purpose directly, and should be orientates as behavior motives among the doing wrong to serve one's friends or relatives type malfeasance crime on purpose indirectly. It should be discussed in two kinds of situations about the number of crime of actors for asking for or collecting others'property. Concretely, it will form concurrent crime of articles of law of doing wrong to serve one's friends or relatives malfeasance crime and bribery crime, to which we should use the principle of full law superior to partial law; while it will form implicated offense of doing wrong to serve one's friends or relatives malfeasance crime and bribery crime, to which we should use the principle of sentencing on the basis of the most serious crime.
Keywords/Search Tags:The doing wrong to serve one's friends or relatives type malfeasance crime, Acting unfairly from selfish motives, Key constitutive elements of crime, The number of crime
PDF Full Text Request
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