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The Behavior Of Fake The State Organ’s Seals To Cheat The National Bankruptcy Fund

Posted on:2015-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:D D NiuFull Text:PDF
GTID:2296330467465331Subject:Punishment law
Abstract/Summary:PDF Full Text Request
The essence of the behavior of fake the State Organ’s seals to cheat the NationalBankruptcy Fund is units implements the pure natural crime.In recent years, the cases aboutunits implements the pure natural crime has been occurred sometimes, but the lack of auniform law leading this situation become a difficult problem that each of judicature had toface and solve it.The case “Fake the state organ’s seals and files to cheat the National Social SecurityFund and Bankruptcy Fund that happened in Yiyang,Hunan Province” is the research object inthis article.In order to solve the problem about how to settle the cases about units implementsthe pure natural crime,this paper based on the introduce the differences in perspective and thefocus of controversy,combine the comprehend about what the “law”is among the principle oflegality, the theorists about this problem among the scholars and give some suggestions in theend.This article divided into four parts:Part I: The basic circumstances of the case. This section includes the cause of the action,the case presentation, the content of opinions and disagreements focus of controversy. Whilethe disagreement focused on the case should be filed or not and what should be charges by therelevant people involved in this case, the controversy focused on how to settle the cases aboutunits implements the pure natural crime.Part II: Analysis of the legal issues. This section includes three parts, the comprehendabout what the “law”is among the principle of legality; the theorists and choice about theproblem of units implements the pure natural crime among the scholars;the principle of settlethe behavior of fake the State Organ’s seals to cheat the National Bankruptcy Fund,make thetheoretical foundation for the study of the detail case.Part III: Case analysis and conclusions. This section includes two parts,Get theconclusion that the reason that gave by the Chaoyang Branch of justification is correct,but thedecision is incorrect, there are problems on the court ’s decision that in terms of the convictionand sentencing about this case. Part IV: Case study of revelation.By analysis the advantages and disadvantages of twodifferent views about how to make the reason that how to settle the cases about unitsimplements the pure natural crime,we can make the conclusion that we should settle thisproblem by re-built the legislation manner,modification the30clause of the criminal law.
Keywords/Search Tags:unit crime, crime of abuse authority, crime of fraud, the principle oflegality, pure natural crime, crime of fake the state organ’s seals
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