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Justice Cognizance of Civil and Administrative Perverting the Law to Judge Crime

Author: XuXiangMin
Tutor: ChenLi
School: Xiamen University
Course: Legal
Keywords: Civil Crime of administrative capricious and arbitrary Constituent features Judicial determination
CLC: D924.3
Type: Master's thesis
Year: 2008
Downloads: 43
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Abstract

Civil, administrative capricious and arbitrary behavior of the crime of experienced approved by the dispute , the case , judicial interpretation to legislation to require several stages in the Criminal Code in 1997 in China was formally established as a \However, not much research in theoretical and practical circles , judicial practice , the identification of this crime still exists with many difficult problems . The author tries this crime problems exist in the judicial determination process discussed in the text is divided into three parts . The first part , the introduction of civil, administrative capricious and arbitrary Crime Legislation profiles . Including the sin Legislative History in China and abroad on the relevant provisions of this crime . The second part of the civil, administrative capricious and arbitrary sin constitute the characteristics of the specific issues identified elaborate is the full text of the focus . Objectively define the nature of civil or administrative proceedings, the connotation and denotation , and capricious and arbitrary ; clear the range of the main body of the crime , in the main , that the clerk does not constitute the main body of this crime and prosecutorial personnel , constitute the Executive the subject of the crime ; subjective aspects should be taken on the trial staff knowingly identified subjective and objective principle of unity , that principle to the general understanding of the community , the ability to foresee as the standard , but also should take into account the judicial officers as special people the ability to understand and foresee higher than the average person , the fact that the basic duty of care to a clear violation of the judicial officers as the standard qualitative civil, administrative capricious and arbitrary sin deliberately . The third part , civil , administrative offense of capricious and arbitrary judicial determination other issues do further discussed focused Zuiyufeizui , this crime and other crimes , a crime of several crimes , common crime and other issues put forward their own point of view.

Justice Cognizance of Civil and Administrative Perverting the Law to Judge Crime

Abstract

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