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An Analysis Of The Value Of The Problem Of The Difference Between The Crime Of Corruption And The Crime

Posted on:2016-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhouFull Text:PDF
GTID:2206330470966521Subject:Law
Abstract/Summary:PDF Full Text Request
Corruption and theft as the main crime in the criminal, since the ancient times are common multiple charges. For corruption and theft of punishment in our country have different rules of criminal law, in terms of theoretical research, our country law for corruption and theft has a more in-depth study, but more on the study of corruption and job occupation crime such as comparative study, while the research for theft and robbery, etc. For a long time, focus on the contrastive study of corruption and stealing is relatively small, only research also pay more attention to and sentencing contrast of the two problems, the method to research the value of the involved are few and far between. Through comparing for corruption and theft we will find that corruption and theft have great comparability, both crime is to do not belong to oneself of ownership of the property of the infringed, corruption violation object is public property and stealing object mainly is the private property of others. Usually we think about joint property infringement of the subjective vicious and objective of harm is more serious, because it not only infringe upon the interests of the majority of people at the same time for the normal functioning of the entire social order also nots allow to ignore the impact, but in the current criminal law in our country, the corruption of the punishment both from the punishment and penalty set fine are significantly lighter than theft in many respects, this has to do with the social harm caused by the two charges is out, this is corruption and theft of sentencingBoth found some problems. The problem of the reason why? Charges for fundamental embodiment of law and the rise in the problem of corruption and stealing sentencing is in violation of the basic values of what method? Corruption and theft of sentencing is to fair value, justice value and order value violation? After the detailed analysis of the causes of problems, corruption and theft of the sentencing and how to avoid and cope? The above problems are for the purpose of this article are discussed and the content. In conclusion, the author through the comparison for corruption and theft, raises the sentencing issues, analyzes the causes of corruption crime of theft sentencing differences arise, from three aspects of fairness, justice, order and the perspective of the value of the method are analyzed and discussed, and then puts forward the corruption and theft of reasonable punishment sentencing problem. In order for corruption and stealing sentencing differences can get the attention of the legal science, and help to solve the problem.
Keywords/Search Tags:Corruption, Theft, Sentencing, Fair, Justice, Order
PDF Full Text Request
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