Illegal Offends The Research

Our country "Criminal law" 395th had stipulated the country staff large amount property originates the unclear behavior constitution crime, the judicial organ "the large amount property originates this kind of behavior localization the unclear crime", the author acts according to oneself to "Criminal law" 395 understanding, and the union charge determination principle and the characteristic, thought illegal offends can summarize 395 pair of indictments the descriptions, therefore, suggested "the large amount property will originate the unclear crime" the revision will be "illegal offends".This article altogether is divided four chapters, the hard problem,the various countries' legislation comparison as well as this crimelegislation consummation which in detail from "illegal offends" the legislation value, the historical evolution, in the crime constitution characteristic, the judicial practice exists and so on many aspects carries on the detailed analysis, and the union judicature practice,proposed own viewpoint.1st, from the legislation value which illegal offends looked, and the legislation background, produces the reason, the present legal relate dgauge grades the aspect to believe, this crime establishment althoughhas the utility, but originates the country staff large amount property the unclear behavior determination for the crime is right,also conforms to our country national condition, only is insufficiently consummates in the concrete content, has the place which many needs to improve.2nd, says from this crime crime constitution characteristic, this crime infrigement object should be the compound object, simultaneously has encroached upon the country staff duty honesty and the public and private property property rights two our country legal protection social relations; Moreover, this crime main body must expand the country staff which some leaves job also to have to become this crime the main body; Finally the author suggested is clear about the judicial organ in the legislation to have to be on is objective truly spends the completely means also to be unable to find out the good manner large amount property to originate only then investigates the behavior person legal responsibility by this strip.3rd, has the judicial practice in a greater dispute four questions to carry on the detailed elaboration, (1) in illegal offends whether has the common crime in the question the author to think this crime has the common crime, only is because this criminal crime characteristicis different, occurs few in the judicial practice brings the objection to the people, but speaks this crime from the legislation similarly the criminal law general rule restraint, therefore, existence common crime. (2), illegal offends the legal punishment and the behavior person the harm inadequate direct ratio which create to the society,in on was objective has spilled the beans for many corrupt officials。(3), about this crime surrendering, in a theory existence greater dispute and the practice very is also difficult or has not had such case, but from surrenders the system establishment significance, as well as our country criminal law goal says, surrenders the system similarly to be suitable illegally offends. (4), at in this crime proof responsibility question, because this crime had stipulated the behavior person has explained the oneself large amount property originates duty, therefore theory some people thought this crime has the proof responsibility inversion and the guilty estimation suspicion, in view of this viewpoint, the author in detail elaborated the showing duty and the certificate responsibility and present evidence the responsibility the difference.4th, in last the chapter, the author originated the world each place related large amount property the unclear behavior the crime to carryon the quite detailed comparison, and according to the world related this crime legislation tendency, proposed four authors shallowly constructed, one will be suggested the establishment country staff spropeity declaration system, two was the country staff which the suggestion will leave job also brings into line with to in this crime subject of crime, three was the suggestion aggravates this crime punishment dynamics, four was suggested the judicial organ revised this crime the charge.