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On The Punlishment Measurement Of The Crime Of Bribery

Posted on:2005-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2166360152485279Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As the crime of bribery does harm to the society, our country has made a lot of laws to regulate it. But nowadays the crime of bribery becomes complex, and the provisions on the elements of the crime, such as criminal subject, objective aspect, and the punishments are not clear and definite. So there are many problems on the punishment measurement of the crime. And my thesis is mainly about some of them.The first part focuses on the criminal subjects. State functionaries refer to persons who perform public services in State organ. Persons who perform public services in State-owned companies or, enterprises, institutions or people's organizations, persons who are assigned by State organs, State-owned companies, enterprises or institutions to companies, enterprises or institutions that are not owned by the State or people's organizations to perform public services and the other persons who perform public services according to law shall be regarded as State functionaries.The second part covers the elements of the crime of bribery. Any State functionary who, by taking advantage of his position, exportsmoney or property from another person in return for securing benefits for the person shall be guilty of acceptance of bribes.The last part is mainly about measuring of punishment. Since there are some differences between the crime of bribery and the crime of embezzlement, the punishment measurements should be different. And I give my suggestion on it.My thesis aims at giving my opinion about the topic, but it was draw up in haste, so there are bound to be oversights and omissions. I hope my director and other specialists will give me some advice.
Keywords/Search Tags:Punlishment
PDF Full Text Request
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