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The Study Of Confirming The Amount Of The Fake Painting Wen Qiang Take As Bribe

Posted on:2014-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y FangFull Text:PDF
GTID:2246330398468938Subject:Criminal law
Abstract/Summary:PDF Full Text Request
Chinese criminal law theory focuses on the qualitative and reached consensus.But it is lack of analysis of quantitative factors.Amount of bribes has an important role in the conviction and the sentence for is not only the standard of the conviction and also the sentencing standard of taking bribes.With the enhancement of the strength of punishing bribery,both researchers and practical departments feel that it is important to confirm the amount of the bribes.The diversity of bribes makes the value of the awareness of the suspect is not correct in judicial practice,.So it is a problem to deal with the inconsistent between the actual value and the value of the suspect’s subjective awareness of the bribe and to confirm the amount of bribes.So which judgment can reflects the subjective malignant and the social harm in this situation.The amount of bribes in wrong subjective cognition is confirmed by discussing the plot of Wen Qiang accepting the fake painting in the paper.Firstly define the character and legal component of the fake. And the author analyses the function of the amount of the fake in criminal constitution and the meaning in criminal law.The amount of fake exist difference with the objective and the subjective which is vital in legal status in this case.Secondly the objective reason of cognition error of the amount is the difficulty identified of painting.According to the criminal principle of consistent with the subjective and objective, the amount is influenced by Wen Qiang’s subjective cognition.The bribery intent include the suspect’s cognition of bribe.And the suspect’s subjective cognition error would affect the conviction and sentence of the crime.Discuss how to confirm the amount of bribe with subjective cognition of Wen Qiang.Finally, point out the troubles of recognized subjective cognitive content in practice and give resolutions against it.
Keywords/Search Tags:the amount of bribes, subjective cognition, cognition error, confirmation of the amount
PDF Full Text Request
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