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Research On Bribery From The Perspective Of Rule Of Law

Posted on:2012-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:L L HuangFull Text:PDF
GTID:2166330335457121Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Carrying out the rule of law and rejecting the rule of man are the symbol of progress and civilization. It meets the requirements of building a rational society, and it is conducive to the realization and protection of human rights. It embodies the pursuit of value of human democracy, freedom, fairness and justice. The fact that"Building a socialist country ruled by law"into Constitution of the PRC demonstrates our commitment to the rule of law. However, phenomenon of bribery in society become increasingly serious, and gets more and more covert, and then become underlying rules. Regulation of bribery seemed anemic before social bribery, in actuality, the legal acts was shelved, and become nominal and even reduced to forms. But some people bear hardship with equanimity on the problem of bribery, showing an attitude of tolerance and default, and even then the attitude to follow. In the regulation of bribery, researchers mostly do research and analyze from the technical aspects of criminal law. However, the issue of bribery is not a problem legal technology alone can solve. On the one hand, we should continue to improve and strictly enforce the legal provisions on bribery, on the other hand, we should build strong civic culture of compliance, foster Citizen's character of self-discipline, strengthen civic education on the aspect of sense of social responsibility .Only in this way can we fundamentally eliminate the social environment for the survival of bribery and reverse the status of widespread bribery. In terms of control and prevention of bribery, we should take a combinational way which includes education, prevention, and law enforcement, make other social resources play a supporting role on the effect of the law, and establish social environment which is harmonious with regulations on bribery. Only is this way could a long-term mechanism of social control bribery come to being.Firstly, this paper gives a preliminary analysis on ontology of the issue on bribery. Besides, the paper analyzed and summarized the new characteristics and new situation of bribery in the development of social practice in the past few years. Secondly, the paper discusses both China's current system which regulates bribery and the lack of regulation. Thirdly, this paper discussed social and cultural difficulties facing our country in terms of the regulation of bribery. And then, this paper gives analysis and interpretation of specific shape and internal structure of the combination of the phenomenon of bribery and complex social and cultural factors from the"entrenched corruption"respective. Finally, this paper introduces and analyzes bribery regulation mode of the U.S., Singapore and Hong Kong area in China. Based on the previous text, this part gives an analysis on how to effectively regulate bribery from the view of the construction of the rule of law and socio-cultural.
Keywords/Search Tags:The rule of law, Bribery, Culture, Entrenched corruption
PDF Full Text Request
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