Dissertation > Excellent graduate degree dissertation topics show

Research on the Constitute of Law-Bending Arbitration Crime

Author: ZhangJing
Tutor: ZhangShaoQian
School: Shanghai Jiaotong University
Course: Criminal Law
Keywords: law-bending arbitration crime crime constitute guilt for malfeasance arbitration
CLC: D924.3
Type: Master's thesis
Year: 2008
Downloads: 113
Quote: 0
Read: Download Dissertation

Abstract


Article 20 in Amendment VI to the Criminal Act of the People’s Republic of China has regulated the criminal legal responsibility of the people who assume the arbitrational liability. It is called "bending the law in arbitration" in the judicial interpretations. Established this crime can buildup the judicial control of arbitration, and prevent or punish the bending doings in arbitrating effectively. However, the provisions of the text of the crime are too simple, and there are still large uncertainties. As it is a new crime, there is no relevant legislation and judicial interpretation to explain this in detail, it is necessary to analyze the crime constitutes to guide practice.This paper adopts the traditional crime constitute research methods, from the four aspect of the object, objective, the main body and subjective to define and analyze the difficult problems of this crime. First of all, the paper analyzes the object of the crime of law-bending arbitration, and concludes that the objective is the normal functions of the arbitration committee and the legitimate rights and interests of the arbitration parties. This was followed by the analysis of the objective issues including define of the arbitration activities scope, the anatomies of fact bending and law-bending, the nature of intercede-bending activity and cognizance of the standard of the serious scenario. And then resolve the problem of main body from the general situation and the particular circumstances. Finally discuss the content and judgment of the subjective issues.

Related Dissertations

  1. Exploring the labor dispute case range,D922.5
  2. Research personnel dispute arbitration work,D922.5
  3. On Analyzing a Case of the Offence of Concealing Proceeds of Crime,D924.3
  4. Aiwenqi Labor Dispute Arbitration Ststute of Limitations in Cases of Research,D922.5
  5. Improvements of Judicial Committee System,D926.2
  6. Study on the Development of Labor Security Supervision System of China,D922.5
  7. Key Technologies Research Based on the E1 Transmission Multiplexer Network Bridge Switchs,TN915.05
  8. Research on Extraterritorial Effect of the Annulled International Arbitral Awards,D997.4
  9. Judicial Review of International Commercial Arbitration,D997.4
  10. Study on Crime of Undermining Supervision Order,D924.3
  11. Transaction -oriented fault-tolerant computer technology research and implementation of arbitration,TP302.8
  12. Study of Traffic Accident,D924.3
  13. The Study of the Property、Status、Impact of the Criminal Object,D924.11
  14. Euthanasia decriminalization of,D914
  15. Chinese medical malpractice legal mechanism to solve the problem of,D923
  16. Transparency in international investment arbitration Studies,D996.4
  17. Accounting Crime,D924.3
  18. Chinese Rural Society Construction ADR,D621
  19. Effective sports dispute settlement mechanism - Study of Arbitration for Sport,D925.7
  20. A Comparative Study on the Recognition and Enforcement of Interregional Arbitration Award in China,D997.4
  21. Study on the Construction of the Icsid’s Arbitration Appellate Mechanism,D997.4

CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
© 2012 www.DissertationTopic.Net  Mobile