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Research On Criminal Law Evaluation And The Violation Of Official Consumption

Posted on:2015-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:D J LvFull Text:PDF
GTID:2296330467473688Subject:Law
Abstract/Summary:PDF Full Text Request
This paper selected consumer groups in the post process from "taking advantage of theconsumer," the cases occur frequently, through the circumstances of the case brief,raised two questions. First, how to define this"take advantage of the consumer"behavior, the second is this "take advantage of the consumer" behavior punished.Firstly, the definition of related concepts, clearly the dangers of this behavior, followedby "taking advantage of the consumer," the existing punishment behavior analysis, wefound deficiencies of the existing punishment. On how to improve on the "takeadvantage of the consumer" behavior punishment, the paper analyzes the feasibility ofthe establishment of new crimes, the author proposed legislation to establish theprogram. For "to take advantage of the consumer," called spendthrift behavior, there arecalled stealth welfare, have called for criminal behavior, in fact, this is the officialconsumer behavior a violation. The party’s "Eighteen" big future, strengthened for this"take advantage" behavior crackdown on discipline inspection sites are often exposed tothis behavior. In this regard, the first part of this paper, from the academic community,the public controversies of this "take advantage of the consumer ’behavior made illegalduties on consumer behavior and how to define the behavior of consumer behavior onthe job how to punish violations of these two problems. To solve the above problems,the second part of this paper is the concept of public consumption through analysis, tofurther explore how public consumption violations identified. On the basis of theviolations identified by the official consumer behavior, from the main consumer, illegalconsumption purposes, such as classification. Official consumer behavior drawn seriousviolations against the interests of public property, against the integrity of the publicservice duties seriously affect social development. Then followed by analysis of thesituation in practice penalties, and found irregularities in practice for publicconsumption behavior is punishable by disciplinary rules more penalties for violationsof criminal law official consumer behavior does not have carried negative evaluation.Criminal law by finding no reason for the negative evaluation, obtained by analyzingthe biggest reason is its inherent benefits that is difficult to break. Based on the dangersof illegal public consumption behavior and its lack of punishment, in the third part ofthe text, the author intends to explore the feasibility of setting up new charges forviolations of criminal law official consumer behavior evaluation. Its feasibility on the basis of the legislative history of our country from contemporary existing legal andpolicy support, extraterritorial legislation and practice basic and immediate needs of thepeople in four areas to be addressed. Confirmed that the criminal law can be obtainedthrough its evaluation. Legislation designed to make the final of the crime in the article"illegal spending of public funds", including its location in the criminal law, the analysisof crime constituted legal punishment settings. I hope this writing can provide newideas for public consumption governance violations.
Keywords/Search Tags:Violation Public Consumption, Punishment, Penal Evaluation
PDF Full Text Request
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