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Problems In The Judicial Duties Embezzlement

Posted on:2008-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2166360215966667Subject:Law
Abstract/Summary:PDF Full Text Request
Judicial practice, the office focuses on the Judicial Problems identified in the constitutive elements of a crime. And the main elements of the crime of which "abused his power" . "invaded" acts and the objective conditions that constitute Accomplished, attempted form Criminal controversial interpretation of the common patterns of crime.Based on the "Legal Principle" and "no value on the results of the" Criminal Law to explain their position, in my view, Embezzlement duties and interests protected by law, including not only property ownership units . units should also include the official conduct of honesty. The crime of "property" should include independent property interests; The subject of legal interpretation should be based; "large amount" should be the objective conditions that constitute elements of this crime. as actors rather than the subjective elements of Elements, Even subjective perpetrator of the "large amount" is not aware that the establishment of the same crime; On the targets of the crime, should be included real estate, intangible assets and property and illegal contraband; The crime of the "office" is a "non-official", but does not include labor; The crime of "illegal possession" generally refers to acts in the capacity of all people to self-property, the properties of the illegal actions; standards for the assessment of this crime, I agree with the "out of control", as long as the victims lose control of their personal belongings. it should be recognized as "perpetrators"; The existence of the crime of "attempted committed"; For common crimes. The author agrees with "some common criminal" nature of the crime and "Identity said."...
Keywords/Search Tags:Duty Embezzlement, That the protection of the interests of law, Elements, Results no value theory
PDF Full Text Request
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