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On The Criminal Subject Of Corruption Crime

Posted on:2018-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:H T JiFull Text:PDF
GTID:2356330533961777Subject:Law
Abstract/Summary:PDF Full Text Request
This article is based on the law of "artificial" existence and abolition of perspective to explore the related regulations of corruption crime subject.It is concluded that corruption on the terms of artificial main body is a historic transition provisions,in the case of the current social background change should be abolished.This article is divided into four chapters on style,there are both artificial corruption the existing provisions of the clause and there is a note.The first chapter differentiate legal fiction and pay attention to the rules,made clear in this paper the content of the implied terms.The second chapter gives a detailed analysis of the historical background of the first chapter and concludes that the existence of the subject of the crime of embezzlement is reasonable.However,with the progress of The Times and the changes of the society,there are many situations in which the existing regulations are disjointed with the display needs.Through the analysis of the third chapter,it can be concluded from the legislation and practice that the provisions of the main body of the crime of corruption are difficult to meet the needs of the existing judicial system and should be abolished.Finally,some Suggestions for the abolition of the subject of the subject of the crime of embezzlement are proposed in the evening to better maintain the authority of the law and the stability of the public security and social order of the country.Since the founding of our country,the legislation against corruption has successively for five times,but in the regulation of corruption crime subject and recognition on the issue of whether in theory or practice there are many differences,Many scholars are based on the existing provisions of check as 20 interpretation or explanation.Innovation of this paper lies in tracing,this paper analyzes the historical rationality and the introduction of legal fiction,in grasping the laws of the development of the society as well as the method of operation on the basis of the proposed to abolish the existing provisions about corruption artificial main body,fundamentally solve the problem of corruption artificial body regulation brings.The argumentation of the viewpoint of this paper is far and near in time,which involves the legislative,judicial and law-abiding aspects of the content,and the comprehensive analysis and argument can support the argument.It is of great significance to grasp the pulse of judicial reform in China and avoid the chaos in judicial practice.
Keywords/Search Tags:The subject of Corruption crime, Legal fiction, National staff, Existence and Abolish
PDF Full Text Request
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