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Legislation Basis, Concept Argument And Constitutive Requirement Of "Professional Embezzlement"

Posted on:2008-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:T ChenFull Text:PDF
GTID:2166360272990419Subject:Civil and Commercial Law
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The professional embezzlement regulated in the 271 article in Criminal Law which was revised in 1997, is broadly evolved from the 10th regulation in the "Decision about punishing crime violating Company Law " which was passed by the CPC standing committee on February 28,1995, and classified into the crime of property violation in a broad category. As far as the present criminal theory and judicial practice concerned, the results of theory study in the professional embezzlement are not so many as the problems faced when applying law in judicial practice. Therefore, it is particularly necessary to systematically research into the professional embezzlement with the theoretical values and practical meanings.With the purpose to enrich the theory connotation, solve the practical problems, and reinforce the judicial use, this paper clears the concept of professional embezzlement through proving its legislation basis in China, tries to bring forward an innovative view with the breakthrough point of constitutive crime requirements, the combination of practical research concerned with some knotty problems, and the integration with theory and practice, and hopes to put forward some valuable references to them.In this paper, the text includes a preface and proper two parts, proper form by the three chapters.Through this first chapter on duties of occupation Why is the occupation of criminal acts and duties of why the perpetrator is an independent (independent of the ordinary crimes and corruption Embezzlement) Proof of the legislative basis for Embezzlement duties.Chapterâ…¡of this paper through the post An Analysis of the concept of Embezzlement, a clear count of Embezzlement duties and concept formulation.Chapterâ…¢of this paper constitute a criminal element to have to start with research on the duties of judicial practice in the elements Embezzlement pose a number of difficult problems, in a bid to the theory and practice from the standpoint of combining innovative views.
Keywords/Search Tags:Professional Embezzlement, Legislation Basis, Constitutive Requirement
PDF Full Text Request
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