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A Study On Subjective Factors About The Crime Of Bribery In Business

Posted on:2008-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:M HuFull Text:PDF
GTID:2166360242959204Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays the survey of Commercial bribery mainly concentrates on: The subject of the bribery guilt and objective aspect, especially bribe extension of crime object, the character of discount rake-off,commission charge,and" taking advantage of functionary advantages ""making benefits for others" , but there is little involved in subjective factor about the crime of bribery in business, including scholar and theory. A scholar think, when criminal legal consequence (criminal responsibility) and the correlation of other requirements are brought into contact with every requirement of Crime Formation, crime essence, it will come to a conclusion which is widely divergent to active theory of Crime Formation :the core of Crime Formation is not the crime as objective aspect, but the subjective fault as subjective aspect .Because fault is representative of the essence of criminal offence, which is concentrated embodiment of requirements of Crime Formation and exclusive basis of criminal responsibility. Being lack of reasonable analysis to relation of requirements of Crime Formation , Our theory just isolationly analyzed each requirement, but not mutually the relation of requirements, so it is too hard to define the crime. However the complexity of subjective factor about the crime of bribery in business exactly has a evident characteristic like this.This thesis is analyzing subjective factors about a few typical model of the crime of bribery in business.It takes subjective factors as the clue and transverse section, which analyzed a series of difficulties and hot-spot in the crime of bribery in business . In the end it comes to a conclusion that the crime of bribery in business has monistic intention factor and binary over subjective factors including "making benefits for others" and "the purposes of illegal possession" .The whole paper is divided into four chapters, Chapter One analyses recognition and will, as well as holding of several special intentional types about the crime of bribery in business . Chapter Two emphasizes on the common elements of Crime Formation in the crime of bribery in business----"making benefits for others", bring it into the category of subjectiveaspect, and put forward that the purposes of illegal possession is recessive and over subjective factors . accordingly, it comes to a conclusion that the crime of bribery in business has monistic intention factor and binary over subjective factors . Chapter Three analyses executive intent , enticing intent, assisting intent, whether status offense together with no-status become joint executive offenders , and over subjective factors' s influencing on subjective intention in the joint crime of bribery in business from the view of subjective factors. Chapter Four from the view of subjective factors analyses formation, characteristics , contents and holding of the unit will in the unit crime of bribery in business.
Keywords/Search Tags:the crime of bribery in business, subjective factor, the purposes of illegal possession, motive crime
PDF Full Text Request
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