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Subject Of Bribery

Posted on:2012-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:D S XuFull Text:PDF
GTID:2166330335957546Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In judicial practice, a higher incidence of bribery and more difficult to identify. In particular, practitioners are more troubled, is the main body of bribery finds that this difference theorists as well. According to the provisions of criminal law and theory of community through said main body of the crime of bribery is a national staff, includingstaff of state organs and quasi-national staff, but their definition of standard fuzzy, difficult to grasp. It also led directly to the subject can not define the specific scope ofbribery, as to retired state workers, state-owned unit of journalists, editors, professional league football referee, the village party branch and village committee staff, state-owned hospital doctors and so can become the subject of taking bribes, people argue. This paper attempts to subject of the crime of bribery related issues to sort out, on this basis in a way summed up the current legislative status of the theory and study, and thus make their own opinion on the criminal legal system can make contributions to the development of modest means.Paper is divided into introduction, body and conclusion parts.In the introduction, the main outlines of taking bribes and the main focus of debate theprovisions of relevant legislation and proposed writing this article the basic ideas.Body part is the main argument of this paper is divided into four parts: The first part introduces the subject of the relevant domestic and foreign bribery and its status of legislation. The second part focuses on the identification of the main bribery standards. Identification of the main accepting bribes, in general depends on two aspects, one is how to understand "in accordance with law", and the second is how to identify "public", the authorConduct a specific analysis and comment. Then, another of our current criminal law of bribery as defined in the main four groups were analyzed. In which "national institutions" wereDetailed analysis, and come to the Chinese Communist Party authorities, financial allocation from the CPPCC and funding agencies of various democratic parties, national authorities should also be considered as the conclusion; identification of the other three officers also studied. The third part focuses on the special staff to the main body identified as bribes were discussed and demonstrated. The fourth part focuses on the current legislation on bribery of the main provisions of the defect and legislative proposals. Think there specification of the concept of bribery of the main fuzzy, with a finding of not clearly stipulated in the standard and so on.Epilogue briefly summarize the above analysis.
Keywords/Search Tags:Crimes of the main, substantive interpretation, of national staff
PDF Full Text Request
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