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Research In The Criminal Law "The Purpose Of Illegal Possession"

Posted on:2013-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:D LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the social progress and economic development, the contract fraudto the complex and changeable appearance in real life, become a focus of thejudicial practice. As one of the special form, China’s present criminal law ofits constituents and the main case to the specific provision, but for this crimeare various, and the criminal and civil interweave, and other characteristics,in actual use is still difficult to access, especially in how to define "thepurpose of illegal possession"subjective intent on controversial, challengesconstantly, often become the judge key elements of the crime, should bediscussed and research. This paper aims at combining the judicial practice,based on the contract fraud perspective, through the case to the author of thearrangement and thinking to analysis the contract fraud "the purpose ofillegal possession" determination of the basic types and main method,exploring the solutions to the channel, and perfect way. Full text points that four parts: the first part of this paper, paper outlining the purpose of illegalpossession main meaning, clarifies the criminal law and civil law on about"illegal possession" meaning the difference, the proof of the purpose ofillegal possession and the relationship between the deliberate crime; In thesecond part, this paper illustrates the contract signing, implementationprocess in reflect "the purpose of illegal possession" several basic types,analysis of their respective forms and behavior characteristics, to reflect thesubjective purpose; In the third part of this paper, this paper discusses thecontract fraud the purpose of illegal possession basis and main method that,combined with the practice of the posteriori judicial decision criteria,especially the applicable rules of criminal presumption specific; The fourthpart, this paper describes the "the purpose of illegal possession" subjectiveaspects of the legislation, the main Suggestions will "purpose made" a singlelegislative model correction for "purpose made and behavior made thecombination model of legislation, and will be included in the new fraud case.
Keywords/Search Tags:The purpose of illegal possession, Contract fraud, Criminal presumption, Judicial practice
PDF Full Text Request
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