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A Study On The Crime Of Holding A Huge Amount Of Property With Unidentified Sources

Posted on:2015-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
GTID:2206330464451564Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The first clause of Article 395 in Chinese criminal law described the unclear huge property crime together with other corruption and bribery crimes which constitute strict law net in order to reduce and attack corruption. But there has been controversy with the unclear huge property crime when it was identified as crime of criminal law since 1988. Since the amendment of the criminal law in 1997 and "Criminal Law Amendment (7)", the unclear huge property crime has been improving. But about this crime’s legislation value, the nature of the behavior, form of liability, cognizance of surrender, joint offence and some other issues, academic controversy and mistakes in practice still exist. It can be said that the amount and the scope of the issues surrounding the unclear huge property crime are among the highest in specific provisions of the criminal law. This paper combined practical act to discuss the behavior nature of this crime as the core, started from its historical development, practical problems of legislative value to discuss it, and put forward improving policies on suggestions for improving Crime description, expanding the scope of the subject, clearly defining confession to justice, defining specified time, refining sentencing classes based on research, hoping to play a role in legislative amendment and judicial practice.
Keywords/Search Tags:the unclear huge property crime, legislation value, the nature of the behavior, nonfeasance, official property report system
PDF Full Text Request
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