Case Analysis
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Introduction: Anti-money laundering legislation is the most rapidly developing area of international law in the last 20 years. It is precisely because of the great attention and vigorous promotion of the international community that anti-money laundering legislation has become one of the more active areas of domestic law in many countries. It is generally believed that China's anti-money laundering legislation started from the Decision on Drug Control of the Standing Committee of the National People's Congress in 1990. In the following ten years, China's anti-money laundering legislation has made rapid progress, and the anti-money laundering legal system has emerged. China's anti-money laundering work has also made great progress, and the anti-money laundering working mechanism has been initially established. However, for a long time, there is no basic law on anti-money ...
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This year's Double 11 shopping festival has just passed, and Tmall has achieved another success, with the turnover exceeding 10 billion in 2 minutes 05 seconds and 100 billion in 1 hour 47 minutes, and the turnover of the whole day reaching 213.5 billion yuan, far exceeding the sales performance of previous years. Netizens can not help but sigh: After a year of hard work, finally participated in a project of 100 billion. However, as the transaction volume continues to rise, consumers have reflected that there are problems with the price of goods, and the price of many goods during the Double Eleven is not much different from that on the day. Tmall and some merchants are suspected of price fraud....
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Due to the development of the financial industry and the expansion of financial services, life insurance trust, which integrates life insurance or insurance payment as trust property, financing and investment, and protecting the interests of beneficiaries, is favored and developed rapidly. Although our country implements the separate operation of the financial industry, however, whether driven by the development of the financial market or the promotion of a new round of financial reform, life insurance trust has also been actively tried in practice....
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The qualitative dispute of theft, fraud and robbery mainly lies in the distinction between theft and fraud In criminal law theory, theft and fraud belong to the crime of possession transfer, that is, theft and fraud are the reasons for the transfer of property possession, but theft is the crime of obtaining against the intention of the other party, while fraud is the crime of obtaining based on the intention of the other party. That is to say, theft is in violation of the property owner or manager will make the possession of the transfer, and fraud because the property owner or manager deceived in the wrong understanding and take the initiative to deliver the property and make the possession of the transfer, here the delivery must be under the disposition of the possession of the transfer, which is the essential distinction between theft and fraud. From the means of dispositio...
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Tax crime is a very old crime. From the development history of human society, tax system is gradually produced and developed along with the emergence of the country. Tax has always been regarded as the fundamental of the state, and the crime of violating tax is also regarded as a serious threat to the social and economic order. Since the founding of the People's Republic of China, the criminal legal system of tax evasion crime in our country has experienced a process from scratch, from imperfect to gradually perfect, 97 criminal law for tax evasion crime has been relatively scientific, has played a positive role. However, with the development of economy, the economic life is becoming more and more complicated, and the forms of tax evasion crime and social harm have changed. Therefore, in the "Criminal Law Amendment (VII)" once again made a major amendment to the crime of t...
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Since 2016, there have been more cases of "routine lending". In May and June 2017, the Political and Legal Committee of the Shanghai Municipal Committee held two special meetings on "routine loan" crime cases, and made important instructions on the investigation and prevention of "routine loan" crime cases. In order to further strengthen the crackdown on "routine loan" crime cases and effectively safeguard the people's property rights and social peace, Shanghai procuratorial organs recently organized a special crackdown and concentrated prosecution of 5 defendants in 32 "routine loan" cases. It provides experience and guidance for the subsequent handling of "routine loan" cases. Based on the cases handled by the three districts, the author analyzes the related problems involved in "routine loan" in order to provide some experience and suggestions for the subsequent handling...
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Introduction: The dual distinction of fake drugs and inferior drugs in Chinese criminal law has not realized the reasonable division of their social harm degree. The criminal law classifies substandard drugs into fake drugs and substandard drugs according to the degree of fake and inferior drugs, which can be seen from the difference in conviction and sentencing of the production and sale of fake drugs and substandard drugs. In the subconscious mind of the law, the social harm of substandard drugs is not as great as that of fake drugs, but in judicial practice, the social harm of fake drugs and substandard drugs is often difficult to distinguish. Although there is only one word difference between the crime of producing and selling fake drugs and the crime of producing and selling inferior drugs, there is a big difference in the conviction and sentencing of the crime. The productio...
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Unit crime is also called corporate crime, and there are two disputes about whether a legal person can constitute a crime: the theory of legal person fiction and the theory of legal person reality. The theory of "fictions of legal person" holds that legal person is not a person, it is a product of law technology, it only has the ability of rights, no ability to act, so it can not constitute a crime. "The reality of legal person" maintains that legal person is an objectively existing independent entity of the group, is a kind of factual existence, not only has the ability of rights, but also has the ability to act, and has the ability to bear criminal responsibility....
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The difference between the crime of contract fraud and the crime of fraud and the grasp of the conflict of application First, the question raised The difference between the crime of contract fraud and the crime of fraud is the difficult point in practice. In specific cases, defendants and defenders generally tend to defend and defend ordinary fraud in the direction of contract fraud. There are two main reasons for this phenomenon: First, the prosecution standard of contract fraud is higher than that of ordinary fraud. If A defrauds B of RMB (the same as the following currencies) 10,000 yuan by issuing IOU, if the behavior of A is identified as ordinary fraud, then A's behavior has reached the filing and prosecution standard of 3,000 to 10,000 yuan, which can constitute a crime of fraud; However, if the behavior of A is identified as contract fraud, then because the amo...