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Study on Offence of Mixed Subjects Bribing Jointly

Author: OuYangXiang
Tutor: HuangMingRu
School: Xiangtan University
Course: Legal
Keywords: The appropriation from the possessions Refuse to hand over Distinguish Litigation Perfection of Legislation
CLC: D924.3
Type: Master's thesis
Year: 2007
Downloads: 67
Quote: 0
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Abstract


Of Embezzlement is an ancient property crimes , crimes against property of the system as a whole occupies an important position , but the late start of China 's criminal law scholars Embezzlement ,刑法理论界Embezzlement failed to conduct in-depth study of the system . Of Embezzlement research areas , encroachment from the possessions behavior has been the focus of controversy , but also has important theoretical value and practical value . The first part of this paper, the existing laws and theories , to explore from the possession of material , and the definition of encroachment from the possessions behavior , Brief Analysis of the characteristics of the behavior , and laid the foundation for the full text . The second part is based on the Constitution of Crimes based on analysis from four aspects of the object conditions , the objective conditions , the main conditions , subjective conditions the encroachment detachment of possession acts constitute the crime should have . This paper argues that the behavior of the core is \The third part focused on the problem of encroachment from the possession of material behavior and non- criminal acts , and other criminal behavior as well as the behavior Accomplished attempted distinction provides some guidelines for some of the typical problems of judicial practice . Fourth section relates to the occupation of litigation from the possessions crime , that part of the Code of Criminal Procedure in the field of legislation and theoretical knowledge combined effectively promote the reality and integrity of the acts of criminal conduct theoretical research . Finally , on the basis of the study of behavior out of a possession of the encroachment , summed up the defects of the relevant legislation in China and put forward a legislative proposal .

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