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In Our Country Criminal Law Theory Of Take Advantage Of Their Positions

Posted on:2013-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:L LinFull Text:PDF
GTID:2296330467965184Subject:Punishment law
Abstract/Summary:PDF Full Text Request
Take advantage of their positions as our country cirminal law and in some sections of theobjective elements charges, its connotation and denotation extremely extensive vocabulary andtaking it into legal term, make language itself exists beneath preciseness problem. Theunderstanding of words often appears the subjective value judgment rather than fact judgement,and ifxed and judicial interpretation of criminal law the fuzziness and the complexity of theactual life, influenced the cognizance about cirme and processing. The author pursuesprocuratorial business, in practice, also often met about take advantage of their positions inunderstanding and defining issues, due to understand different and produced for some a sin inbehavior define a difference of opinion, produce such differences not only influence theeiffciency, but also directly affect the applicable law, I hope that through the cirminal law andtake advantage of their positions in the study of the concept, to regulate the understanding of ourcountry’s legislation, so as to further perfect reference meaning and practical operation.This paper is divided into three parts,the ifrst part is take advantage of their positions anddefines the implication. Mainly through the language environment and laws of the logicalrelationship between the meaning and use their position to define; The second part is takeadvantage of their positions and forms of expression and its results form. This part mainlysummairzes different subjects in specific a sin, and its use of their positions and manifestation injudicial practice. In different and analyzes its characteirstics and the behaviour of a sin to theconcrete object, summarizes its disposal means there are five kinds of behavior results form:direct possession charge for goods, goods, change property, illegal possession state businessdecision-making, etc. The third part is our country criminal law specifics SINS of typical a "takeadvantage of their positions and" definition. Mainly for our current legal provisions and industryanalysis, the embezzlement view of birbes and occupy your SINS, and take advantage of theirpositions were analyzed,...
Keywords/Search Tags:taking advantage of one’s position, jurisdiction dilemma, reasonableexplanation, type analysis, judicial determination
PDF Full Text Request
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