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On Defects And Perfection Of Legislation On The Object Of Committing Bribery

Posted on:2012-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:L GaoFull Text:PDF
GTID:2166330335969883Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The object is the bribery bribes, but what is bribes, among the countries legislation and practice all have different rules and practice.In Chinese criminal law, will bribery crime prescribed for property, the object of a regulation is inconsistent with the reality serious also hindered the judicial practice, for the crime of combat.This paper was based on this basis, the bribery crime object corresponding legislation, will define the scope for the interests of briberyThis paper is divided into four parts altogether.The first part of main summarized the characteristics of bribery, find bribes in criminal law of legal meaning. The second part described in our scientific theory about bribery theory and differences, including property said, other interests and interests three theories。The third part shows how Chinese laws, foreign related law and international treaty regarding bribes bribery purpose of content scope limits. The fourth part on the analysis of the actual condition of our country, draw lessons from foreign legislation pattern is proposed, based on the current criminal law of about bribery bribery purpose of content legislative defects, and puts forward some Suggestions.This paper claims will be taking bribes in bribes scoping for profit, passed legislation perfect way, change the traditional "remember the spoils condemned" way of conviction,Set up mainly in the circumstances of the crime, will benefit conviction system of earmarks to scope of bribery.This demarcation is not only in conformity with taking bribes power and the essence of interest exchange, also accord with the reality of a lot of corruption occur the shape.This perfect accord with the development trend of international legislations, China is the compliance with international treaties, earnestly implement the important performance treaty obligations...
Keywords/Search Tags:bribe, Scope of bribe, interests, legislation
PDF Full Text Request
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