論貪污罪的犯罪主體——基于法律“擬制”存續(xù)與廢除問題的思考

1、分類號(hào)：DF6 密級(jí)：UDC：343.3/.7 學(xué)校代碼：11065 11065碩 士 專 業(yè) 學(xué) 位 論 文論貪污罪的犯罪主體 論貪污罪的犯罪主體—— ——基于 基于法律 法律“擬制 擬制”存續(xù)與廢除 存續(xù)與廢除問題 問題的思考 的思考紀(jì) 洪 濤指 導(dǎo) 教 師 孫莉副教授學(xué) 位 類 別 法律碩士專 業(yè) 領(lǐng) 域 刑法答 辯 日 期 2017 年 5 月AbstractThis article is based on the law of

2、 “artificial“ existence and abolition of perspective to explore therelated regulations of corruption crime subject.It is concluded that corruption on the terms of artificialmain body is a historic transition provisions,

3、in the case of the current social background changeshould be abolished. This article is divided into four chapters on style, there are both artificialcorruption the existing provisions of the clause and there is a note.T

4、he first chapter differentiate legalfiction and pay attention to the rules, made clear in this paper the content of the implied terms. Thesecond chapter gives a detailed analysis of the historical background of the first

5、 chapter and concludesthat the existence of the subject of the crime of embezzlement is reasonable. However, with theprogress of The Times and the changes of the society, there are many situations in which the existingre

6、gulations are disjointed with the display needs. Through the analysis of the third chapter, it can beconcluded from the legislation and practice that the provisions of the main body of the crime ofcorruption are difficul

7、t to meet the needs of the existing judicial system and should be abolished.Finally, some Suggestions for the abolition of the subject of the subject of the crime of embezzlementare proposed in the evening to better main

8、tain the authority of the law and the stability of the publicsecurity and social order of the country.Since the founding of our country,the legislation against corruption has successively for fivetimes, but in the regula

9、tion of corruption crime subject and recognition on the issue of whether intheory or practice there are many differences,Many scholars are based on the existing provisions ofcheck as 20 interpretation or explanation. Inn

10、ovation of this paper lies in tracing, this paper analyzesthe historical rationality and the introduction of legal fiction, in grasping the laws of the developmentof the society as well as the method of operation on the

11、basis of the proposed to abolish the existingprovisions about corruption artificial main body, fundamentally solve the problem of corruptionartificial body regulation brings. The argumentation of the viewpoint of this pa

12、per is far and near intime, which involves the legislative, judicial and law-abiding aspects of the content, and thecomprehensive analysis and argument can support the argument. It is of great significance to grasp thepu