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Study Of Large Amounts Of Property From Unidentified Sources

Posted on:2008-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:L DongFull Text:PDF
GTID:2206360215973053Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The value of the theory of the criminal law is in the general provisions, whilethe value of the use of the criminal law is in the special provisions. This article iswritten on the crime of huge unidentified property. And my intention is to analyzesome controversial problems in this crime by use of some principals in the generalprovisions, and to research the value of the use of crime, so that I can do someuseful things to the judicature practice.As one of the most controversial crimes, the criminal name of this crime,objective aspect, subject, responsibility of demonstration and legally-prescribedpunishment are some important problems.Criminal act is the object of thecriminal law and the estimative character of this act is the most important aspect ofthe research to the theory of the criminal law.In this article, I think the essential character of this act is negative act. And itshows as reject to explain. And as a clue of this article, we can find the defect ofthis crime by analysis. The theoretical basic of the legislation improvement. Finally,we can establish a reasonable precaution and legally-prescribed punishmentsystem by consummating correlative regulations.At length, I depart this article into seven parts, including introduction, tag andappendix, about 35000 words totally.Part one shows the situation and value of the legislation of the crime.Bydefining the legislation value; we can know the importance of this article.Part two is about the criminal name. The name of this crime shows the pointto the essential character.And in my opinion, the reasonable name of this crime isrejection to explain huge unidentified property.Part three is the problem about the subject of the crime. According to theessence of nowadays legislation and the object of the crime, we should put nationpublic servants into subject, while there isn't including unit.Part four is the object of this crime.When the administration of justice asksthe person to explain the unidentified property, he refuses to or he cannot explainthat, so this essence of this crime is negative act.Part five is on the problem of the responsibility of demonstration. In my opinion, there are some differences between the responsibilities of producingevidence and demonstration.Part six is on legally-prescribed punishment of this crime. Thelegally-prescribed punishment of this is obviously below average, and there's onlyone grade.Therefore, we should raise the degree of this punishment, divide it intoseveral grades, and add punishment to property.Part seven is the perfect means to this crime. We should perfect the system oflegislation and supervision. There should be perfectly nationally explanatorysystem of property of nation public servants.According to that analysis, I hope to raise my opinion to those controversialproblems, so that we can realize the value of this crime, not only a utilitarianchoice.
Keywords/Search Tags:The crime of huge unidentified property, legislation, criminal name, objective aspect, subject, responsibility of demonstration, perfect means, legally-prescribed punishment
PDF Full Text Request
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