Font Size: a A A

On The Issue Of Crimes Of Accepting Briberys' Target

Posted on:2012-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:L DingFull Text:PDF
GTID:2166330338999258Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The crime of accepting bribes'target is bribery. Bribery is the illegal consideration in the process of illegitimate rent-seeking. And it has temporal spirit. With the development of society, the meaning of bribery is more than the meaning of property. There are three definitions of bribery on the world: firstly, the theory of valuable, which regard bribery as appraisable profit that can be valued by money; secondly, the theory of material profit, in which the bribery is visible or material profit; thirdly, the theory of need, in which the bribery is regarded as the profit that could meet people's need. At the same time, there are three theory of bribery in china also: first of all, the Property Theory, which regards bribery only as money or the property evaluated by money; what's more, the Force Property Theory, which enlarges the explanations of property, not only including the tangible matters that money can evaluate, but also other property profit; lastly, the Profit Theory, which regards bribery as both property and the non-property illegitimate profit. Since the nature of bribery is the consideration of illegitimate rent-seeking, so the profit that could lead to rent-seeking is belongs to bribery. So the Profit Theory is more reasonable.Bribery is profit, so it must include non-property interst as well as property profit. Because the crimes of accepting unproperty profit are also social harmful. But not all the acceptation of unproperty profit is crime. Only when the acceptation of non-property interest is common and social harmful, the behavior is crime. The type of such behavior is accepting sexual bribery. Sexual bribery belongs to bribery because it is dangerous to society and is usual. But legislators should change the adjust mode of bribery crime when sexual bribery is regarded as bribery.
Keywords/Search Tags:bribery, property, non-property interest, sexsul bribery
PDF Full Text Request
Related items