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Study On Joint Bribery Crime

Posted on:2010-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ZhaoFull Text:PDF
GTID:2166360275960902Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Bribery as a serious crime against the normal activity of state organs and state officials conduct a clean job of a crime which is the coexistence of human society phenomenon, are prevalent in all countries in the world political and economic life of the problem. In modern times, Bribery around the world becoming more and more serious economic crime in various countries have figured prominently in the proportion of our country is no exception, Especially in the reform and opening up access to our country since the crime of bribery under the status at many hair shows the characteristics of a new, Crimes such as bribery is a common judicial practice of taking common crime, Especially with our country crack down on bribery of increased crime, criminals, some bribery, in particular, are responsible for the party and the state of high, intermediate positions taking criminals, in order to face their own glory, or as soon as an excuse to shirk responsibilityThings brought to light to escape punishment, most of them do not personally accept the financial bribery, and by the spouse, children, lovers and so on come to accept the financial, but also the means of implementation even more subtle and intelligent, so that common crime is all the more complicated bribery. Therefore, in judicial practice, taking the court in these common forms of crime that often differ, resulting in crime prevention and control of corruption there are loopholes and weak links, which is the long-term stability of the party and the country are very unfavorable and dangerous. Therefore, it is necessary to increase the common crime of taking bribes research, to make up for my country about the criminal law aspects of the theory of taking bribes defects judicial practice so as to provide theoretical guidance, which effectively curb the bribery crime, strengthen anti-corruption efforts to protect our country for the society market economy and a healthy and orderly development, deepen reform of the political system, and promoting socialist spiritual civilization and moral culture-building and building a harmonious socialist society has important practical significance. In this paper, accepting the common-depth study of crime in order to further provide for the judicial practice, theoretical proposals, meanwhile, contend the theory can also play a role, I think at different collision theory, the common theoretical basis for the crime of taking bribes will be more reasonable. This article focus on the common at the controversial theory that the crime of bribery of some questions, learn from and absorb the sophisticated and influential opinion, the system demonstrates that the crime of accepting a common legal basis and the theoretical basis, and the light of the specific case of common taking the form of an in-depth and detailed analysis carried out at a certain level on a number of useful. The full text of about 42,000 words, is divided into four parts:Partâ… : Can non-State staff for taking bribes constitute an accomplice. Whether or not this part of the abolition of criminal law around the collusion between the inside and outside of taking bribes have been an accomplice to explain the questions. Theory of the existence of negative Say - Say consider the negative, non-national staff should not constitute a co-accused of taking bribes, I am sure that -I am sure that that non-national staff can constitute the crime of accepting bribes of an accomplice, for analysis and assessment And make their own opinion.I believe that the identity of those who can not have identity with the identity of persons who constitute a pure question of an accomplice in this, because there will be differences, becauseCriminal law theory are on the relationship between an accomplice and the principal offender awareness of the existence of distinct.At this point, there are two opposing theories, that is, an accomplice and an accomplice from the independence property Say Say. Up from the basic position that the said property will generally be from the legal interest for the crime against nature, and that only when the law against the risk of benefit to achieve a certain degree, can be recognized as a crime, said the independence of the symptoms are basically the embodiment of table Say is not conducive to the protection of human rights, Therefore, the author said in favor of an accomplice from the property. And based from the property that the identity of the author can claim no true identity constitute an accomplice committed, that is, non-national staff can constitute complicity in the crime of accepting bribes.Partâ…¡: About non-national staff together constitute the crime of bribery committed to implement problem. Focus on the part of non-national staff and national staff can constitute the crime of bribery committed to implement the common problem, the real identity of those who are not able to have identity and the identity of persons who together constitute the common problem of the principal offender. And the countries or regions of identity are not about whether there is identity and who together constitute the true identity of the principal offender committed the common law and criminal law theory, pointing out the negative that I am sure that the defects that a reasonable compromise of. According to a compromise that I believe that the possibility of non-identity with those who have pure identity constitutes a common identity is being committed, and put forward two conditions to be treated differently at the point of view. Came to the conclusion that non-state personnel can constitute the crime of bribery committed to implement a common conclusion.Partâ…¢: About the composition of the staff of non-State organization committed the crime of accepting bribes, instigator, who assist the problem. This part of Japan and Taiwan on the Penal Code regarding the composition of the staff of non-State organization committed the crime of accepting bribes, instigator, who assist the analysis of the provisions of the problem, combined with criminal law theory and our country's judicial practice without a specific identity of people can constitute a request for the specific identity of the main criminal organization guilty of the crime, and assist abettor guilty of the opinion. Came to the conclusion that non-national staff and national staff in collusion with corrupt collusion, can constitute the organization guilty of taking bribes, and abettor assist the commission opinion.Partâ…£: Accepting bribes in the form of common crime problem. Part of the focus of this article is divided into part of the ink I put the most part are the some of the major cases in light of the actual analysis of the specific crime of taking bribes in the form of common questions. The main focus of this part of the collusion between state personnel, the use of their respective positions on the convenience of accepting a common definition of national staff and no office staff to facilitate collusion between the country, have positions on the use of national staff to facilitate the convenience of the common positions on bribery identification and national staff with the company, enterprises, other units of staff accepting a common definition of the three to start on most of the specific analysis of all cases of common crime of taking bribes identified.
Keywords/Search Tags:Crime of accepting bribery, Common crime, Committed to implement the common, The form of common crime, Criminal judgments
PDF Full Text Request
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