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Research On The Sale Offenses

Posted on:2013-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhaoFull Text:PDF
GTID:2256330395987958Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Sale offense is a kind of criminal behavior crimes. It is an important class of crime, andforeign legislative history have on the sales provisions of the crime, the current criminal lawprovides for a large number of sales of crime; in real life, the sale of crime that affect theorder of the socialist market economy multiple crime and social order. The current criminallaw theory of the crime of sale of each specific sales crime, this paper sales system, theregularity of the crime as a crime type.The paper is divided into four parts, described the sale of crime legislation overview andlegislative significance; the sale of crime-related definition of the concept; sales crimeconstitute the elements of a number of issues and sales-type crime to stop a form ofidentification.Sales crime legislation overview and the part of legislative significance, mainlydiscussed in ancient China sales crime legislation; After the founding of new China sales typeof crime legislation; the sale of crime legislative basis and sales crime legislative significance.A sales crime legislation changes the legal norms for sale of crime variation can be found;discuss the basis on sales of crime legislation and legislative significance, can be clear on thevalue of sales of crime legislation to guide the scientific and rational way of legislative bodiesset up a sales offenses and the legal punishment of the crime.In sales-type crime-related part of the definition of the concept, define sales behavior andsales crime. The concept of scientific knowledge and research things, the meaning of theresearch and sales practices in their daily lives and the differences and relations between themeaning of the Penal Code, the analysis of the constituent elements of the sales practices andsales practices and related behaviors to distinguish between science define sales behavior; themeaning of the sale of crime, classification, characteristics and nature of the study to definethe sale of crime.Sales constitute a crime the elements of the part of the problem is the main body of thefull text of discourse, that part of the exposition is to expand the sales behavior of theconstituent elements, the object of crime, including crime sales, sales methods, sales of themain counterparties. the amount of sales as well as subjective sin. Are discussed in detail thescope, classification, characteristics of the objects of crime legislation; discussed the meaningof the sales methods, characteristics and criminal law provisions on sales methods; discussed the sale of the crime the subject and the relative side; discusses sales meaning and identifiedthe amount of sales crime; discusses the sale of crime subjective form of sin, the focus on theunderstanding of factors type of sin and crime of the subjective intentional content andexternal recognition.Form part of the stop in the sale of crime, focusing on the identification of the "begin"and crime completion of the identification. Discussion "to proceed with identified, the firstanalysis of the different theories that exist in criminal law theory, subjective and objectivecombination identification and then proposed to be taken; to discuss the identification ofcrime accomplishment Sales crime is divided into acts committed Perilous guilty of threecases, and results of different crime consummated standards.Sales offenses as a criminal type, can be found to constitute a crime and crime to stop ageneral rule, in the form identified in the guidance of the legislative and judicial activities,and better safeguard the socialist market economic order and social order.
Keywords/Search Tags:Sale, Sale offenses, Type of sale, Amount of sale, Completion
PDF Full Text Request
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