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A Study On The Judicial Knotty Problems Of The Disposition Of The Property Involved In The Economic Crimes Involving The Public

Posted on:2021-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:W X HouFull Text:PDF
GTID:2416330629482469Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,in the context of the downturn of the real economy,economic crime continues to be high incidence,and the stakeholder economic crime in China is even more explosive growth.With the rapid development of social economy,the cases of stakeholders' economic crimes in T city of Shaanxi Province are also on the rise.There are a number of cases with high value and loss,such as illegal public deposits of Shaanxi Huiyuan Yong Investment Management Co.,Ltd.,illegal public deposits of Tongchuan branch of Shaanxi Huarui Cheng'an Investment Management Co.,Ltd.,and illegal public deposits of Shaanxi Yongsheng Investment Management Co.,Ltd Cases of great loss and influence.Based on this reality,the author intends to study the disposition of property involved in the T city of Shaanxi Province.This study takes the stakeholder economic crime cases in2014-2018 in T City as the research object,elaborates from different perspectives,and reveals the basic status of the financial disposition of the stakeholder economic crime in T City,as well as the judicial difficulties in the financial disposition.This paper will first explore the research background and significance of this topic,and vigorously explore the concept of the property involved in criminal crimes,the scope of identification of the property involved in stakeholder economic crimes,and the principle of property disposal in stakeholder economic crimes.Through literature research,this paper summarizes the basic research,case study,protection mechanism and other research results of the disposition of the property involved in the stakeholder economic crime,and specifically analyzes the disposition of the property involved in the stakeholder economic crime from the perspective of judicial practice.Through the research,it is found that there are many judicial problems in the disposal of the property involved in the stakeholder economic crime,such as whether the property involved in the case is the proceeds of crime,whether the punishment and the people affect the disposal progress,whether the validity and responsibility of the guarantee contract are unknown,whether the scope of the propertydisposal subject and the person to be funded is difficult to be determined,and where a large amount of funds are going.Based on the case of T City in Shaanxi Province and the key cases,this paper analyzes the problems of the disposal of the property involved in the stakeholder economic crime.On the basis of studying the concept and scope of the property involved in the stakeholder economic crime,the author puts forward his own suggestions on the judicial knotty problems of the disposal of the property involved in the stakeholder economic crime.Through the research,from the improvement of the judicial concept,the legislative system,the judicial process,the relief system and other aspects of the improvement of specific and more comprehensive countermeasures and suggestions.Based on the actual situation,we must establish a coordinated disposal mechanism in terms of procedure and system,in which the judicial department and other relevant law enforcement cooperate with each other,so as to further solve the judicial difficult problems in the disposal of property involved in stakeholder economic crimes.
Keywords/Search Tags:stakeholder economic crime, Disposal of property involved, T City,Shaanxi Province
PDF Full Text Request
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