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The Research of Subject Qualification about Unit Crime

Author: CongCheng
Tutor: LiuTieYing
School: Shenyang Normal
Course: Legal
Keywords: Crimes committed by units Subject Research
CLC: D924.1
Type: Master's thesis
Year: 2010
Downloads: 58
Quote: 0
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Abstract


, Academia Liu units Crime has been debated since established from China's criminal law , criminal . In particular, how to identify the Subject of Unit Crime , how to accurately define the main body of the unit crime range of particularly intense debate . Although China's criminal law the crimes committed by units , also listed five main body of the unit crime , but there are still a lot of defects , no clear unit of the main concepts, Standards , Subject of Unit Crime lack of theory lead to criminal law theory is difficult to guide the legislative Subject of Unit Crime and judicial practice, judicial practice faced to confirm with negative problems . This article aims from the point of view of the theory and practice of combining existing criminal law provisions of the crimes committed by units based concern Subject of Unit Crime identified the problems in the judicial practice , in order to achieve reasonable explanation crimes committed by units under existing criminal law provisions , the main issues to guide judicial practice . In addition to the introduction , sub- divided into three parts : The first part is the concept of crime and the main qualifications identified by the analytical unit of the concept of crime units clarify the subject of crime need to have the three elements of the formal conditions in real terms, conditions and legal conditions , pave the way for the next solve the problems encountered in practice ; legislation Development and Review of part II is divided into units of the main crime in China , through the study of the relevant units of the main crime legislation , from the legislative level to identify the units subject of crime identified on the basis of and pointed out the problems in the unit primary legislation . The third part is the theory and practice of community Subject of Unit Crime Controversial Issues The part of the contents of the previous summary of the units of the concept of crime related cases , and in accordance with the existing laws on the current judicial practice Subject of Unit Crime certain problems research, such as : Unit crime \through research, analysis of controversial issues , came to the conclusion .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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