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The Status Of The Criminal Law Under The International Conventions Against Corruption Vision And Perfect

Posted on:2007-06-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:1116360185454367Subject:International law
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This paper is divided into eight chapters. Comparatively this paper studies the international corruption crimes established by United Nations Convention against Corruption and the related crimes of our country in the view of criminal law , mainly by the means of comparatively studying , history reviewing, meaning interpreting and demonstration analyzing, pointing out the deficiency of the criminal law of our country and advancing the opinion as well as advice of its improvement.Chapter one , introduction of international corruption crimes. Especially it introduces the fundamental conception , significance, scope and character of the constitution of crime of international corruption crimes as well as the development of international legislation against corruption.Chapter two , bribery crimes. Firstly it summarizes and points out the conception and character of the constitution of crime of international bribery crimes, after which it separately discusses the following crimes established by the international convention: bribery of national public officials, bribery of foreign public officials, bribery of officials of public international organizations, bribery in the private sector, and then compares the bribery crimes established by the convention with the bribery crimes of our criminal law at the aspects of their object, conduct, actor and intent. We know our legislation of bribery crimes is far from the requirement of the convention, as its defining about bribery crimes is boarding, so it is necessary to improve our criminal legislation on bribery crimes.Chapter three, diversion of property by a public official. First, it points out the conception of diversion of property by a public official and its character of the constitution of crime; then analyses the crimes of embezzlement, misappropriation and other diversion of property by a public official separately; finally, separately compares the crimes established by the convention with the crimes of embezzlement, crime of defalcation and crime of dividing the state-owned assets secretly in our criminal law at the aspects of their object, conduct, actorand intent. Besides, it specially discusses the illogicality of amount-standard in our crime of embezzlement.Chapter four, trading in influence. First, it points out the fundamental meaning of trading in influence referred in the convention and its character of the constitution of crime; second, compares the trading in influence and bribery. The paper advocates, " Trading in influence is separated from the bribery. They are basically the same except the actor. " Third, it separately compares the trading in influence established by the convention with the crime of bribery-Mediate and the crime of bribery-pander in our criminal law at the aspects of their object, conduct, actor and intent. Then it concludes that it is necessary to add trading in influence on the basis of crime of bribery-Mediate and the crime of bribery-pander in order to enlarge the scope of corruption.Chapter five, illicit enrichment. First, it points out the fundamental meaning of trading in influence referred in the convention and its character of the constitution of crime; After which it separately compares the illicit enrichment established by the convention with the crime of Unidentified source of huge property and the crime of concealing the external deposit in our criminal law at the aspects of their object, conduct, actor and intent. Then it concludes that our criminal law should conform the crime of Unidentified source of huge property and the crime of concealing the external deposit into illicit enrichment.Chapter six, embezzlement of property in the private sector. First, it points out the fundamental meaning of embezzlement of property in the private sector referred in the convention and its character of the constitution of crime; After which it separately compares the embezzlement of property in the private sector established by the convention with the crimes of crime of official occupationin our criminal law at the aspects of their object, conduct actor and intent. Then conclude that our criminal law should use the convention' s provisions for reference to improve our provisions on the crime of official occupationChapter seven, laundering of proceeds of crime. First, it points out the fundamental meaning of laundering of proceeds of crime referred in the conventionand its character of the constitution of crime; After which it especially discusses the previous crimes of laundering of proceeds of crime ;then it fully compares the laundering of proceeds of crime established by the convention with the laundering of proceeds of crime in our criminal law at the aspects of their object, conduct, actor and intent. Then conclude that our provisions on laundering of proceeds of crime is not good to fighting against corruption as it excludes corruption, bribery and so on out of previous crimes.Chapter eight, the improvement of our criminal legislation against corruption. First, it impersonally appraises our country' s criminal legislation against corruption at the aspects of value and deficiency, and especially analyses the reasons of deficiency of our criminal legislation. Then it suggests to improve our system of criminal legislation against corruption and emend the criminal law, and further it advances the thought and strategy of making the criminal legislation against corruption of our country meet the international requirements.
Keywords/Search Tags:International Convention, Anti-corruption, Comparably study
PDF Full Text Request
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