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No Punishment Prescribed Under Paragraph 3 Of Article 383 Of The Criminal Law Study

Posted on:2018-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhongFull Text:PDF
GTID:2346330518969639Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In hi gh-pressure anti-corr uption poli tical background,the correct understanding and appli cable under paragraph 3 of article 383 of the criminal law in our country,i s a matter of gr ea ter corrupt ion and criminal punishment of scientifi c real iz ation of criminal justice.Separate set of corrupt ion from regulation,has caused confusion and comprehe nsion on the appl icable dispute,is not conducive to effective punishment of corruption crime.Therefore,it is necessary for the provis ion for further discussion and research.Since the founding of the corruption from the terms of t he experi enced 70 years of development,crimi nal law amendment(9)of corruption from t he rules is t he lat est legislation to increa s e.Through analys is and compari son,the corruption from the penalt y terms and crim inal law the provisi ons of the compensat ion for the economic losses in 36,37 article is coordinat ed,maintain the coordinat ion of the legislation.Am ong them,the corrupt ion from the terms and conditions set is based on the theory,such as t he core of constitutional government is the guarantee of criminal human rights,the criminal policy of tempering justice wi th mercy criminal punishment to keep resulting appropriate strategies,as well as the austerity of criminal l aw hi ghlights that the width and and modest y etc.,for the est abli shment of corruption from the claus e provides the theoreti cal support.The corruption from the regulation has its rationality,but violates the cri minal law t he 67 th,frankly,i s a breakthrough in specific provisions of the general performance,but also the terms and conditions of the discretion t o lega li ze belong to the "privil ege" legi slation,also violates the principle of equality of criminal l aw.Finally,i n view of "sincere,positive back after gifts" fuz zy rules,should be further refined,put forward some own underst anding,i s ex pect ed to rea ch more explicit explanation effect.
Keywords/Search Tags:no punishment, Corruption, The amendment(9), Sentencing plot
PDF Full Text Request
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