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Study Of Large Amounts Of Property From Unidentified Sources

Posted on:2006-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:J HuaFull Text:PDF
GTID:2206360155969199Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of huge unidentified property source is a kind of crime by taking advantage of duty that is often met in the present judicial practice, judicial practice easy to produce a ambiguous charge paid to know too. This text analyses and researches the sources, characteristic of the crime of huge with unidentified property and guilty source, think that a guilty one is too proper to need to doubt yet; Lie in this their in essence behavior not objective as nature; This crime is undertaken the burden of proof by the procuratorial organ, the question that the burden of proof inverts does not exist on the whole; This text also analyses a guilty legal punishment question emphatically, think it is unreasonable that current legal punishment is set up . This text has also analysed a question, such as guilty legal punishment ,etc. emphatically. Expounding the legislative defect of the huge property with unidentified and guilty source, after the legislation of combining a great deal of scholars is being proposed, this text expects to get science out of, have a modification of operating nature more completely and even more. Scheme on it is concrete in the article 395s been "criminal law" been " difference the enormous, can't prove I source legal, difference part is it " change into "enormous difference , is it prove source to refuse " to judge by illegal income; "the fixed-term imprisonment or the detention "change into "and sentence to the fixed-term imprisonment or the detention under three years to get along with under five years, the one of a serious nature is subject to fixed-term imprisonment of not less than three years but not more than ten years, the one whose crimes are strong seriousness is sentenced to imprisonment over ten years or life imprisonment. "...
Keywords/Search Tags:The crime of huge unidentified property source, Objective behavior, The burden of proof, Fault form Legal punishment
PDF Full Text Request
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