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A Study of Illegal Income in Criminal Law
Author: LongLin
Tutor: WangFeiYue
School: Central South University
Course: Criminal Law
Keywords: Illegal income Proceeds of crime Proceeds of Crime Conviction and sentencing
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 99
Quote: 0
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Abstract
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Illegal income is an important concept in the Criminal Law and its role in the criminal law there are many types . The illegal proceeds of the conviction and sentencing in the criminal law , and recover restitution and other aspects play a role in the establishment of a unified concept of illegal income and that standard is very necessary . Research illegal income concept should be noted that the integrity of the criminal justice system , can not be confined to the illegal proceeds of proceeds of crime or illegal income does not include the proceeds of crime generally , should take into account the illegal income relies upon the crime , but also in not constitute a crime generally illegal being . Identification of the illegal income is necessary to establish a general rule , but also by means of the allegations and defenses on the program , both to allow law enforcement agencies to evidence the number of illegal income , should also allow the perpetrator to the allegations put forward evidence to defend itself , and then heard by a neutral authority dual aspect views to be judged , and strive to make the number of illegal income closer to the truth . Elements of the illegal income , single- entity provisions then syllogism interpretation to determine the number of illegal income , more serious difficulty is the reality of the existence of various variables lead to the elements of the illegal income is difficult to generalize , with both defense and prosecution opposing the burden of proof is a more feasible approach . In this paper several aspects , first described the history and current situation of the illegal income , in the analysis of the definition of illegal income , and then start to analyze the meaning of the Criminal Code of the illegal gains from the norms of criminal law , on this basis, to discuss the problem of identification of illegal income , and finally legislative proposals . Should be said that illegal income is not academic research focus , and many in the crime of the study , incidentally, to discuss the problem of the illegal income , less academic achievements of the system of illegal income is not commensurate with the status of the illegal income in the Penal Code which . The from the Penal significance of the illegal income to start to explore the characteristics of the legislative intent of the illegal income and illegal income , focus to solve the problem of identification of illegal income . This is not yet touched on the problem of the illegal income research , but also the heart of the problem of illegal income .
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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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