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"United Nations Convention Against Corruption" And The Adaption Of Corruption Crime

Posted on:2009-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:H P ZhangFull Text:PDF
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Corruption is accompanied by the power of human health and chronic illness. Whether feudal society,capitalist society or socialist society,as long as the exercise of the powers and authority of the monitoring mechanism inadequate,corruption will breed and spread.Along with the process of economic globalization,the phenomenon of corruption has taken the country,an international development momentum,not only undermine democracy and the rule of law,citizens of the state organs contusion of the trust,the more serious will result in the country's economic losses,disorder,and therefore to strengthen international cooperation in combating corruption and curb corruption is a more effective way.October 31,2003 the 58th Session of United Nations General Assembly adopted the "United Nations Convention against Corruption"(hereinafter referred to as "the Convention"),is the first global anti-corruption specialized legal documents to the international anti-corruption struggle a significant milestone.China's government has actively participated in the "Covenant" and the drafting of the December 10,2003 signing of the "Covenant." As a State party,"convention" will no doubt contribute greatly to China's anti-corruption work.However,our criminal legislation on the crime of corruption provisions and the "Convention" in the requirements of a certain gap,it will not only affect China's "Convention" fulfilled,will lead to justice theory and practice of contradictions.Therefore,the "Convention" as an opportunity,and comparative study of China's criminal legislation and the "Convention" differences,in accordance with the "Convention" with the demands of China's national conditions of China's criminal legislation to improve,which will further promote China's anti-corruption the development of the cause.In this paper,the corruption and the international community on the definition of the crime of corruption,as well as China's "Covenant" and the attitude of basic position,secondly,through the "Convention on the" relevant provisions of the analysis and,in conjunction with China's specific national conditions,to prove that the theoretical circles of our country kind of controversial views put forward a number of legislative proposals sound,including the Perfection of the main provisions of bribery,"national staff" to "public servants";to accepting bribes "to benefit other people." Elements cancelled,through acts of public officials determine whether a crime of accepting bribes improve the behavior patterns of the crime of bribery,the current provisions of the actual increase for the promise to give,offering three ways to give practical and the addition of bribery by a set of Legal Sentence some of the recommendations,due mainly to the proposal to establish the circumstances of the penalty system for the centre,and the lifting of bribery set for Standards in the bribery penalty Qinghuan,limiting the application of the death penalty through strict law,the amount will be less corruption,the light plot criminals also included in the scope of criminal law.Additional charges in the area,mainly involving China is not yet incorporated into criminal legislation,but the "Convention" in a mandatory list of charges,bribery of foreign public officials or officials of public international organizations crimes and the crime of trading in influence,and a brief analysis of the two Elements of Crime,as well as in the legislative process in China should pay attention to the problem,so that "the Convention" with the provisions of our legislation is a good interface.
Keywords/Search Tags:corruption, "United Nations Convention against Corruption.", Bribery criminal, legislation
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