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On the main job-related crimes

Author: ZhuYiZhi
Tutor: LiuYanHui
School: Heilongjiang University
Course: Legal
Keywords: Crime by taking advantage of duty Subject Natural person Unit The nature of performing official act
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 157
Quote: 1
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Abstract


This paper begins with the analysis of the definition and characteristics of crime by taking advantage of duty and makes a thorough study of the theory of status crime in criminal law, which illustrates the close relationship between crime by taking advantage of duty and the theory of status crime and clarifies the importance of studying the subject of crime by taking advantage of duty. The discussion and analysis of the subject of crime by taking advantage of duty is highlighted throughout this paper. In the first place, this paper deals with the subject of natural person, including the definition, characteristics and classification of state functionary, and argues that State functionary whose essential feature is to perform official acts is the basic subject of crime by taking advantage of duty, and that state functionaries consist of functionaries of state organs and quasi state functionaries. Then, from the analysis of the unit as the subject of crime by taking advantage of duty, this paper concludes that performing official acts is the essential feature of the unit committing crime by taking advantage of duty as well. Finally, this paper points out the defects in legislation by illustrating the difficult issues in judicial practice, and some proposals are put forward accordingly.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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