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Disgorge Ill-gotten Gains Statutory Plot

Posted on:2011-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:X M ZhangFull Text:PDF
GTID:2296330452461505Subject:Law
Abstract/Summary:PDF Full Text Request
"Disgorge ill-gotten gains" points after the criminal offence takes place and beforepenalty performance completes, the accused person returns to the victim by my name orpays a booty to the judicial organ according to own will, and under the sistuation that thebooty puts out to lose with the substitute repair is with the behavior that makes maleprivate property instauration original shape. disgorge ill-gotten gains behavior generallythe occurrence is taking property occupancy as the job crime of purpose,such as job, toseize, transfer a funds, graft and appropriate public funds, take bribe etc. case in.Disgorge ill-gotten gains not only can effectively make up criminal offence to givenational, collective and personal damage for resulting in, be advantageous to our countrythe penal code"protect stateowned property and labor crowd’s collectively all properties,protect citizen’s all private legal properties to be free from to violate" the realization of thetask, and fight for from light processing of the behavior take cop-out directions for takingas foundation, it is a cop-out to actively disgorge ill-gotten gains. of main performance of a,give this behavior adequacy from light or ease a punishment, be advantageous toencourage the accused person’s sincerity repent, turns over a new leaf, is advantageous to apenalty crime prevention purpose of realization.The article disgorge ill-gotten gains details as and considers the rules of meteredXing details at present to the our country the existence disadvantage unifies at thejudicatory in the judicial fulfillment, the disadvantage is fair at the judicatory, thedisadvantage disgorge ill-gotten gains and saves loss, disadvantage at the encouragementetc. the irregularity carried on analysis at the stroke crime and put forward will disgorgeill-gotten gains details as legal from light or ease details of assertion, and carry on treatisetowards disgorging ill-gotten gains details legal the necessity, proper for turning, putforward his/her own assertion towards disgorging ill-gotten gains and lightly punishingstandardly and the range lightly punishing.The main contents of full text includes three parts:(1)In our country penal code to themeasurement of penalty that disgorge ill-gotten gains details rules and apply the presentcondition of law;(2) disgorge ill-gotten gains details legal the necessity and proper forturning;(3) disgorge ill-gotten gains details legal turn of path.
Keywords/Search Tags:disgorge ill-gotten gains, details, measurement ofpenalty
PDF Full Text Request
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