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Studies Into Commercial Bribe Crime

Posted on:2007-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:C W LiuFull Text:PDF
GTID:2166360218462439Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the socialism market economy, commercial bribe events have increased recent years. Especially in the fields of medical treatment, education, construction and tender, the commercial bribe actions (CBA) have become tacit "guild regulations" and/or "latent regulations", some even get to the deadline of criminal punishments.Confronted with the derivation of large amount commercial bribe crimes (CBC), the regulations about bribe crimes in our country's lawmaking have too many problems to deal with and have too many difficulties to start in the judicature practice. The bribe crimes laws prescribed in our country's criminal laws have no effective restriction on CBC because they are mainly used to fight bribe crimes of national missionary. Due to the complexity and particularity of CBC, the subjects, their objects, subjectivity and objectivity are somewhat different from those of ordinary bribe crimes. Therefore the judicature practical fields can not cognize the behavior characteristics clearly and confuse the concepts, which hinder to cognize and fight CBC. In order to grasp and cognize CBC exactly, the author in his own views presents methods to cognize CBC and understand CBA with the hope of helping the judicature practices.Using the method of comparison research, combined with our country's related regulations about CBA in the laws of fighting unlawful competition, this paper compares and discusses the differences and relationships between the behaviors of commercial bribes and the crimes of commercial bribes. Uniting the regulations of general crimes in judicature laws, it analyzes the behavior characteristics of CBC. Then, by comparing the legal regulations of both China and foreign countries and international common divisors, it also promotes some suggestions on building and improving the laws of our country's CBC. At last, starting from the behavior status of CBA and by paying attention to excavating common characteristics of CBC, the present paper researches the rules of CBC and summarizes the differences of them so as to realize exactly concrete actualizing behaviors of CBC. There are 8 chapters in this paper. The 1st is introduction in which the harm of CBC and the aims of the paper are presented. The 2nd , by defining CBC and spreading from the four aspects of their behavior properties, use of terms, criminal laws as the deadline of social protection and subject of commercial actions, gives the generalized definition of CBC. In the 3rd, the regulations of CBC in China and foreign countries' laws and international common divisors are presented. In the 4th, the constitute parts of CBC are analyzed. This chapter pays attention to some aspects which are easy to be misunderstand such as the main conditions of CBC and the understanding of the unfair profits, and does not repeat such concepts discussed and mentioned widely in general bribe crimes as the understanding of using the advantages of professions and the exhibition forms of the ways to ask for and receive bribes. In the 5th, with the help of the regulations about commercial bribe in administrative laws, the behavior characters of several main CBA are expounded in order to identify correctly CBC. In the 6th, the border lines between CBC and CBA are listed. In the 7th, the amount problems, complicity problems and multi-crime problems are also briefly analyzed. And in the last chapter, some suggestions are put forward to judicature lawmaking and improving of CBC in our country in order to understand systematically the CBC.
Keywords/Search Tags:Commercial bribe crime, Constitute parts, Cognizance, Lawmaking and improving
PDF Full Text Request
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