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Research On The Crime Of Huge Unidentified Property

Posted on:2017-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:T H XieFull Text:PDF
GTID:2296330488465165Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Since 1978, gradually expanded from coastal areas to the west of the benefit of China’s reform and opening, China’s emerging economy is also at features and innovative awareness of the leading Party gradually established, but more serious crimes committed in our presentation of the trend, especially corruption and bribery crime, not only rampant, and most outrageous, so large amounts of property from unidentified sources came into being. In recent years, this crime occurred in job-related crimes involving national staff in high frequency, there is a tendency not only the amount of money involved more and more "giant" of, and many national staff in key positions actually become the body of this crime. Criminal means at the same time becoming more covert, intelligent, hard evidence of increased, silent contest of Criminal Investigation and Anti increasingly competitive and exciting. Since the establishment of this crime, criminal law scholars both theoretical dispute, or scholars and judicial workers apply judicial conflicts are abound, including the objective aspect of this crime, the value of legislation, and other charges, which will inevitably cause justice of the practical difficulties of this crime have a negative utility in terms of fighting corruption Eradicating corruption. Therefore, the urgent need to resolve these issues. The first confirmed in crime "on punishing corruption and bribery Supplementary Regulations" by the NPC Standing Committee will be in 1988, Since then, both the new Penal Code was revised in 1997, or 2009, promulgated the "Criminal Law Amendment " all provisions of this crime has been modified, but the dispute has not stopped, but there was more controversy, which makes it necessary for criminal law theory and the crime associated discuss along with these changes.Firstly, this sin from creation to the whole process of the current legislative situation of be demonstrated, and will be spelled out the reality, and then be analyzed legislative value of the sin that many questioned the establishment of this crime can not be denied their legislative value, the crime is not constitute a violation of the presumption of innocence, only applies when the identified facts of the crime of criminal presumption, the burden of proof of the crime is still performed by the judiciary. This paper then analyzes the crime constitutes a crime, the four elements constitute different dispute the existence of the crime of critical analysis, and clarify their own ideas, that the object of the crime is the violation of the integrity of national staff positions, holding faith performance objective aspect of the crime, rather than omission, subject of the crime is a national staff, which can only be subjective aspects of direct intent. Then the common crime of this crime, the amount identified, surrendered discussed that non-national staff alone can not constitute the crime, but with a statutory body constitute the crime accomplice together, and carry out the crime involved in the property range, calculation methods Review and consider this crime exists surrender. The last part of this article focused on improving this crime, on charges of this crime, punishment to put forward a sound legislative proposals that this crime should be convicted to "illegal possession of huge amount of property crime" to increase the sentence, and that the State proceed with the relevant prevention system Construction.In addition, the methods of literature search and comparative study are used in this paper. Based on this crime related information collecting and reading, study of related laws and regulations of each country, after the parties claim the collision and confrontation, hoping to absorb the merits of others and follow the overseas advanced experience, and put forward some enough to make the dispute solving ideas and methods, to the perfection of the controversy subsided and the crime.
Keywords/Search Tags:huge amount of property from unidentified sources, hold, national staff
PDF Full Text Request
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