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The Purpose Of Illegal Possession Of Corruption

Posted on:2019-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z X ZhengFull Text:PDF
GTID:2346330542486160Subject:Law
Abstract/Summary:PDF Full Text Request
Corruption crimes greatly affect the integrity of state staff and greatly drain public property.As a result,the credit of state staff has plummeted.It has greatly jeopardized the prestige of the government and the party and easily caused the instability between the government and society.Due to the combination of economic crime and job-related crime,the crime of embezzlement is very discriminatory because of the unique conditions of criminals,the criminal means,and the criminal law.Will run into many controversial issues and problems.The crime of embezzlement is not merely a representative crime of property.The purpose of illegal possession lies in that it is the most crucial condition that constitutes embezzlement crime.One of the most crucial elements for embezzlement is the purpose of illegal possession.Judicial personnel have an understanding error on how to identify the purpose of the illegal possession of embezzlement,thus leading to the non-uniformity of judicial adjudication.The subjective purpose of the perpetrator is not well defined,and the subjective and objective inconsistencies may occur as a result of mistaken identification.Therefore,the establishment of presumption of rules is an efficient channel to unify and standardize judicial decisions.The thesis' s point of view is that it should be based on the term "purpose of illegal possession",and summed up the judiciary to come up with specific principles for analysis,analysis of the purpose of "illegal possession" and the approved elements,the focus of which is to deal with the crime of embezzlement Illegal possession of the purpose of the existence of doubt.The dissertation discusses the related issues of corruption crime based on the following four parts:The first part is based on the analysis of the case,based on the time before and after the incident,specifically explain the process of the case,qualitative behavior,etc.,put forward the focus of controversy,summed up the differences and their reasons.The second part is the analysis of jurisprudence,summarizing the purpose of "illegal possession",defining the connotation and form of "illegal possession",mainly distinguishing the "illegal possession" of civil law and the concept of criminal law,and discussing the domestic The status quo and theoretical discussion of the legislation,and put forward the author's point of view.The third part analyzes and discusses the relevant laws and regulations of "the purpose of illegal possession" of the existing embezzlement crime in our country.Thefirst part is about the basis for the recognition of the purpose of illegal possession.The second part is about the basis of the subjective element,the behavioral element and the result element Set out to set forth the basis for judicially presuming the purpose of "illegitimate possession",in order to clarify the applicable conditions of the presumption method.The third is to analyze the common corrupt nouns,features and practices,the focus of the theory,and summarize the qualitative crime of such a common crime,at the same time uphold the model of detailed resolution of the problem,specific circumstances to solve,in order to find a better deal method.The fourth part is the case study and discussion point of view,the first of its comprehensive jurisprudence to explore how the case should be summarized in the opinion that the perpetrator of this case of a crime of corruption;second specific discussion of the case,Enlightenment gained.
Keywords/Search Tags:The Crime of corruption, Appropriate to oneself, The purpose of illegal possession, joint offense
PDF Full Text Request
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