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Study Of Wang Mou Is Suspected Of Corruption Of The Subjective Aspect

Posted on:2014-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:F HuangFull Text:PDF
GTID:2256330425465758Subject:Law
Abstract/Summary:PDF Full Text Request
Corruption is subjective elements important crime of corruption crime, directly affect the judicial determination of the crime of embezzlement. The author in the process of corruption cases, often the particularities and differences because the behavior of human content in the subjective aspect, the motive for the crime, crime of intentional content aim, make their appearance in the determination of the deviation of corruption crime, the crime and non crime, this crime and other crime two completely different results. This paper analysis the subjective aspect of behavior Wang Mou suspected of corruption in the system of crime of corruption, sort out the specific content in subjective and different points of view, and draw my own consideration, in order to correctly in the judicial practice wrbanization determination of crime of corruptionThis paper is divided into three parts, the first part of the case and the focus of controversy, through the analysis of the legal fact exist in this case, pointed out that the case of qualitative and there are two different opinions in practice, focus and discrimination cases; second part from the subjective aspects of crime of corruption theory systematically, points out that the crime of corruption in most cases constituted by direct intention, but there are a few cases of indirect intentional, pointing out that the purpose of illegal possession in the crime of embezzlement include illegal accounted for some of his situation, but the behavior person I and others must be a community of interests, and people I on the possession of public property right has priority; the third part discusses the conclusion and Enlightenment of this case, detailed analysis with subjective aspects, points out that Wang Mou behavior does not constitute the crime of corruption, pointed out that corruption crime intent and the purpose of illegal possession correct method and principle in the judicial practice.
Keywords/Search Tags:corruption, criminal intent, crime motive, criminal, purpose, illegalencroachment
PDF Full Text Request
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