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Analysis About Corruption Case Of Huangzhengyao

Posted on:2017-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ZhaoFull Text:PDF
GTID:2296330503462378Subject:Law
Abstract/Summary:PDF Full Text Request
Civil servants engaged in profit-making activities is expressly prohibited in our laws, but at present it’s a normal phenomenon, often with corruption and bribery and other crimes associated.Huang Zhengyao corruption case, from the whole point of view, is the civil servants to do art-time transaction..Start with HuangZhengyao was prosecute to corruption to the second instance was found not guilty, the litigation process up to 13 years, not because how complex the case is, but the dispute about how to dinstinct the private and public property and the dispute about if the law apply to corruption.The author focuses on the analysis of the case from the object of corruption and the objective behavior of the crime to analyze the case of crime and non crime problems. Firstly, for how to indentify the private and public expecialy sate-owned property, we shouldn’t think it must be sate-owned property only because it exist in public acccount, but should be judged from thenature,characteristic of national asset,expecially the evidence of ownership acquisition.Secondly, for define the occupation ofillegal encroachment,we should see if the behavior results to actual loss of state-owned assets.In addition, based on the whole case, the author provide some advice about how to deal with the problem that civil sevants engaged in profit-making activities in spare time,aim to raise public awareness, also to draw attention of judicial authorities, hope in the future judicial reform this kind of problem can be improved and perfected. In addition to the introduction and conclusion, this paper is divided into five chapters.The first chapter is the introduction of the case, the first instance and the second instance verdict of the court and the main controversy in this case.The second chapter focus on the case analysis, mainly from the object of the crime of corruption and the objective behavior of the case analysis.The third chapter is the personal view of the different treatment of the civil service in the judicial practice and how the case should be handled. The fourth chapter is about the discrimination of state-owned assets and the thinking and suggestion on the problem of the civil servants’ leisure time to engage in profit-making activities in the case.
Keywords/Search Tags:HuangZhengyao, corruption case, analysis in Criminal Law
PDF Full Text Request
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