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A Study On The Definition Of "Public Property" In Corruption Crime

Posted on:2019-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2506305462977859Subject:Master of law
Abstract/Summary:PDF Full Text Request
The crime of corruption is a serious occupational crime,not only violated the integrity of the work of state organs,even caused some damage to the state public property,is a kind of crime crackdown in criminal legislation in china.Back in the early days of the founding of the people’s Republic of China,the regulations of the People’s Republic of China on the punishment of corruption made clear provisions against corruption,and focused on the fight against corruption.In the long history of development and the rule of law in the process of improving the rule of law in our country,always pay attention to the crime of corruption,and constantly revise and improve relevant laws and regulations,with the hope of harsh laws to reduce or stop corruption.Since the convening of the party’s eighteen,Xi Jinping,general secretary of the party is constantly stressed the fight against corruption and clean government,has dealt with a large number of corruption cases,reforming the party’s style of work.General secretary Xi Jinping stressed in the new situation to fully strictly,is the wind Su Ji,anti-corruption efforts to build institutional mechanisms to punish,not rot,not rot,do not want to rot.Based on this background,according to the crime of corruption in the definition of "public property" to carry out research,starting from the essence of anti-corruption anti-corruption,corruption in a clear legal definition of "public property",improve the relevant laws and regulations,make China’s "criminal law" to combat corruption phenomenon make the greatest contribution,to clear legal provisions to restrict the behavior of public servants,and a powerful blow for breaking the corruption crime behavior.This paper is divided into three main chapters,mainly around the corruption of public property in the definition of research.The first chapter focuses on the definition of "public property" in the crime of corruption.This "public property" concept,origin and present all kinds of theories,according to the different theories of the definition of"public property" concept are discussed and compared,this is not said the students views and opinions,and through the relevant case analysis and demonstration of the theory point of view.The second chapter focuses on the connotation and extension of"public property" in the crime of corruption.First of all,according to the"interpretation of the relevant legal provisions and the corruption crime in criminal law",such as "criminal law" article ninety-first,382,183 and so on,based on the interpretation of these laws on corruption crime and"public property" fundamental understanding.Secondly,according to the concept of "public property" is expounded,the so-called "public property"concept which is the existing "criminal law" has made it clear that "public property" category,including the public property and the property of the unit,gifts and insurance.Thirdly,it discusses the extension of "public property",the so-called extension refers to the existing "criminal law" and not be incorporated into the "public property" category of property,but also the "criminal law" is not on the property to be banned,is a relatively obscure state.Such as real estate,intangible property,contraband and illegal property,etc..Finally,the paper analyzes the connotation and extension of the "public property" in the way of case,and demonstrates it from the perspective of judicial practice.The third chapter focuses on the role and influence of "public property" on corruption crime."The specific category of public property"is specific to clear "public property",the connotation and extension of"public property" are summarized,and should be incorporated into the"public property" in the category of property clear,should not be incorporated into the "public property" in the category should be specified by regulations clear legal provisions can let the public understand the"criminal law" the relevant provisions of the crime of corruption,but also can produce useful guidance on specific judicial practice.
Keywords/Search Tags:Corruption, Public property, Real estate
PDF Full Text Request
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