"Transfer Risk" Behavior Analysis And Legislation

With the development of market economy, some new lawlessness began to appear. The stability of the law have been pursued by the law, one of the core elements, however, the stability of the law has also led to the lag of the law to make the law in responding to various social phenomena of new law, illegal the means to look embarrassed. This article cited an "illegal transfer risk" actual cases to illustrate this problem. The text of the illegal acts of those who caused damage to the country, but because of China's existing laws do not expressly provided on this offense, so the court had to sentence the guilty, or very far-fetched would be such a crime classified as a crime of corruption. This detailed analysis of this case and to propose the establishment of an "illegal transfer the risk of crime," to solve this problem. As the case according to the Shanghai Higher People's Court decided to rehear the trial supervision procedures were followed by the Shanghai Second Intermediate People's Court remanded the case, which in itself determines the outcome of a retrial decision. Despite the heavy weight the conclusions of a retrial decision, but to support the conclusions of the reasoning is a gross understatement Some of the views of the legal profession and even give rise to much controversy. However, the case will undoubtedly set a new case, make up the criminal law on corruption and crime, the loopholes, to that extent that its meaning is profound.