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The Criminal Law Regulation For The Behavior Of Illegal Purchase The Economically Affordable Housing

Posted on:2015-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:H T ZhangFull Text:PDF
GTID:2296330434457111Subject:Law
Abstract/Summary:PDF Full Text Request
The concept of the behavior of the illegal purchase economically affordablehousing is the directly applicant belongs to the high-income groups, for encroach oneconomically affordable housing that is national welfare.take the means offraud,concealing the truth,it has two ways including the individual operating aloneand group cooperation。This welfare belonged to the low-income groups that occupiedlead to their living conditions don’t have improvement.this paper agree that the socialharmfulness has reached a serious level.if don’t look into their criminalresponsibility,the criminal law’s punishment and prevention functions can’t getimplementation。So it is necessary to investigated.but convicted by fraud is wrong inthe existing criminal law system. Because the big amounts to condemn is one ofelements of fraud. The behavior of illegal affordable housing behavior in the specificamount disputed now: Affordable housing as real estate, And with lots of tens ofcommercial house price difference, A conviction will be sentenced to ten years offixed-term imprisonment or life imprisonment, The crackdown is too harsh; the actorin the crime of fraud have the disciplinary authority and deceived man did thedelivery or dispose of behavior,But the man have the authority in the behavior of theillegal purchase economically affordable housing didn’t do it,the developers disciplinthe action. And increasing the number of illegal crime of affordable housing is notgood, This paper argues that adding diddle social welfare sin is the most appropriateway, economically affordable housing in nature as a kind of social welfare, Althoughillegal purcharsed economically affordable housing behavior violate the interests ofthe country, but the main infringement is the order for the management of the socialwelfare countries. At the same time it can solve the difficult problem of the amount.and also can punish the people who used legal loopholes and review staff negligenceand get profit. Additional social welfare crime from four constitutive requirements:Main body as the natural persons over the age of16and unit. Collective illegal for thegovernment behavior of affordable housing, its harm is more serious, so the unitshould be included in the government agencies, the person in charge directlyresponsible and directly responsible shall be given a heavier punishment. Subjectiveaspect is intentionally, there is no criminal negligence, intentional include direct intentand indirect intent. Illegal behavior of the government personnel have illegal intentionally, also have malpractice of deliberately, for a behavior violated twocharges, directly as the malfeasance. The object of this crime on the managementorder of the social welfare to the nation. Affordable housing as a kind of socialwelfare, as well as low income, medical care, housing, price room for social welfare,although the state property interests have been infringed, but its main violation of thestate welfare system. Objective aspect for the offender to take means of fraud,concealing the truth, because the welfare state of access to information is usuallywritten review. To defraud the behavior of the social welfare can operateindependently by the individual, also can get the social welfare by group cooperation.Complete with criminal gangs cooperation chain, the more serious social harmfulness,the leader should be aggravating punishment.
Keywords/Search Tags:behavior of defrauding house of economic and applicability, Crime offraud, Charges on defrauding the social welfare
PDF Full Text Request
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