Research On The Taking Advantage Of Duty In Criminal Law

At present we have some works on the taking advantage of duty in theoretical boundary.But these works mostly handle these behavioral features in concrete crime. There are rarely exhausted it systematically.The penman draw the text broken through the visual field of concrete crime, investigation on fact about a crime in specific provisions of criminal law involving the taking advantage of duty systematically.I desire this Research can be bale to rich theory and guide the practice.The penman work in People's Prosecutors' Office after graduated from university. There are many different views with colleague about the meaning,the constitute the nature of relations of taking advantage of duty in judicial practice.This text draw lessons from legislation and the research of theory about the criminal law in Japan,German,Taiwan of China and other countries or regions.I also quote some typical case in drawing this text.This text analyze many problems in theory and practice about The taking advantage of duty in criminal law,exerting case study method and comparative study method according to the law of china and other countries.This thesis includes five parts chiefly. The first section:the connotation of the taking advantage of duty;The secondary section: the constitute and the attribution of the taking advantage of duty;The third section:the type of the taking advantage of duty;The fourth section:the nature of relations about the taking advantage of duty;The fifth section:the relationship between the taking advamage of duty and criminal pattern.The penman present the legislative conception of the taking advantage of duty,from analyzing the right attribution of the taking advantage of duty and the judicial apply of the taking advantage of duty in order to drive the legislation and the judiciary.