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Research On The Objective Elements Of The Post Occupy Crime

Posted on:2007-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y L CaoFull Text:PDF
GTID:2166360212473118Subject:Law
Abstract/Summary:PDF Full Text Request
In the judicial practice, there's lots of difficult problems existed in the cognizance of The Post Occupy Crime. The reason is that, there are different opinions about the objective elements of The Post Occupy Crime. The objective elements of The Post Occupy Crime consist of "taking advantage of one's position", "the unit property", "illegally posses" and "the relatively large amount".The "position" in The Post Occupy Crime includes both "line of duty" and "labor services", the content of "position" is "administering, managing or handling" property. "Taking advantage of one's position" can be sorted differently from the source of position or the intention of position. The distinction between "taking advantage of one's position" and "taking advantage of one's work" lies that "position" and "work" have different extensions.The "units" in The Post Occupy Crime have nothing with the nature of unit's ownership, but indicate all legally units, which include companies, enterprises and other units. Other units include all institutions, organs, castes, autonomy organizations, the companies that in the process of establishing are also included. "The property" should neither limited for what the units own nor limited for chattels, realties, legally properties.The "occupy" in The Post Occupy Crime should be interpreted in broad sense, neither limited for "legally possess" nor limited for possess for the criminal his own. It is not proper to put the "appropriates" along with "stealing, swindling" as the act manners of The Post Occupy Crime, so the act manners of The Post Occupy Crime consist of stealing, swindling and other means, "appropriates" should be excluded."The relatively large amount" should be defined according to the criminal gaining amount and the criminal involved amount, combined with the judicial interpretations of Supreme People's Court, that's to say, serving 5000 Yuan RMB to 20000 Yuan RMB as "the relatively large amount". The calculation of criminal amount should be done according to criminal theory, combined with the judicial interpretations.
Keywords/Search Tags:Taking advantage of one's position, The unit property, Illegally posses, The relatively large amount
PDF Full Text Request
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