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On The Modality Of Corruption

Posted on:2010-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:H X LuFull Text:PDF
GTID:2166360275456230Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Corruption as a job-related crimes, the damage to a national political and economic system and the social fabric is self-evident. At present, anti-corruption is grim in our country, understanding of corruption correctly is the premise to prevent and punish it effectively. Crime-modality is the existence of crime in reality reflected in the law, in fact it is form of expression of crime constitute, and therefore it is great significance to study the crime-modality of corruption.Besides the preface and conclusion, this paper altogether includes the following five parts:The first part an overview of corruption. This part briefly describes the legislative evolution of corruption and the concepts and elements of it.The second part the suspended situation of corruption. This part introduces the problems about the completed situation of corruption, then the uncompleted situation of corruption is talked about, during it the relevant disputes in the uncompleted situation is emphatically discussed.The third part the joint crime of corruption. It takes the general question of the joint corruption as a break through point, first of all, discusses the joint corruption between the same identity, then discusses the non-identity not only can take part in the identity joint crime, but also can be its joint implement, the author deeply analysis how to measure the joint corruption which carried out by the status and the non-identity and the joint corruption between different status.The fourth part the form of quantity of corruption. This part take the general principle of the legal violator, transformed violator, continuous violator and implicated violator as a basis, roughly analysis the legal violator transformed violator, continuous violator and implicated violator in corruption ,the types of plural crime in corruption is involved too.The fifth part the shortcomings and improvements about the crime-modality, of corruption. Under thoroughly analysis of the several front parts, point out the shortcomings about the crime-modality of corruption: attempted form of corruption is lack of statutory standard, the 382rd3rd article criminal law is not clear, the 383rd 2nd criminal law is not necessary and there are still problems in the transformed violator of corruption and then propose corresponding legal improvements.
Keywords/Search Tags:corruption, crime-modality, the suspended situation, joint crime, the form of quantity of crime
PDF Full Text Request
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