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On The Legal Effect Of Contract In The Crime Of Crossing Criminals

Posted on:2018-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z J GuFull Text:PDF
GTID:2346330542951815Subject:legal
Abstract/Summary:PDF Full Text Request
Criminal intercourse is due to the interdependence and coincidence of legal facts,leading to civil cases and criminal cases in the behavior of the main body and the responsibility of the occurrence of a cross,according to their respective norms of adjustment,resulting in a.different way of assuming responsibility.And this problem is in the theoretical boundaries of the study,the results are less,so the guidance of judicial practice is not strong.China's current legislation in this regard is imperfect,the relevant judicial interpretation is rarely involved in substantive analysis,mostly focused on the case of the handling model,simply can not cope with the actual case.Fortunately,the introduction of the "new folk lending judicial interpretation" is not only in the processing mode has been provided,but also in the performance of the contract involving the crime also has a very detailed provisions.In this case,in the case of criminal cases,if the behavior of the perpetrator is suspected or constitutes a criminal offense,it is in this fact that the contract signed by the perpetrator is Its part of the whole crime,the effectiveness of the contract involved,how to evaluate the effectiveness of this type of contract.The main body of this paper is divided into three chapters:The first chapter:On the Jurisprudential Basis and Significance of the Determination of the Validity of the Criminal Cases.The author begins with the essence of the cross of the people and the criminals,points out the definition of the cross case of the criminals and analyzes the main ways of dealing with such cases and their problems,and then analyzes the legal basis of the validity of the contract of the criminals,Party,social financing environment and the impact of the judiciary.The second chapter:On the Legal Basis of the Determination of the Validity of the Criminal Cases.The author introduces the current situation of the contractual effect of the criminal case of the criminals and the reflection of the existing legal provisions,points out the shortcomings,then introduces the academic point of view and comments on each view,on the basis of the author from the substantive law on the illegal The effectiveness of the case to raise funds to identify.The third chapter:The Conception of the Validity of the Contract of the Criminal and Civilian Cases.The author of the cross-case of criminal proceedings must comply with the principle of equality and procedural principles,and as a guide to the specific system design.
Keywords/Search Tags:Criminals cross, Contract effectiveness, Illegal fund raising, Private lending
PDF Full Text Request
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