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Wang Hongfei, An Analysis on the Harming Act ofRule Loopholes from Criminal Law Perspective

source:法学院   The author:法学院   time:2021-01-08

Abstract: Due to the fault of the framer, the rules are not thorough,and the actor makes active use of them to cause damage toothers, which violates the true intention of the victim,so the act should be punished as fraud. The loopholes of rules are not thefault of the victim, but they can stimulate the formation of other people's motive of breaking the law and committing a crime to a certain extent, which can reduce the possibility of reproach of the actor,and the degree of responsibility is relatively light. When dealing with the cases of loopholes in the rules, the court should follow the principle of independent judgment of the elements of crime according to the law and full consideration of the necessity of prevention to make substantive judgment.


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Academics &Research

Wang Hongfei, An Analysis on the Harming Act ofRule Loopholes from Criminal Law Perspective

法学院 · 2021-01-08

Abstract: Due to the fault of the framer, the rules are not thorough,and the actor makes active use of them to cause damage toothers, which violates the true intention of the victim,so the act should be punished as fraud. The loopholes of rules are not thefault of the victim, but they can stimulate the formation of other people's motive of breaking the law and committing a crime to a certain extent, which can reduce the possibility of reproach of the actor,and the degree of responsibility is relatively light. When dealing with the cases of loopholes in the rules, the court should follow the principle of independent judgment of the elements of crime according to the law and full consideration of the necessity of prevention to make substantive judgment.