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Bribery Crime And Punishment Issues And Improve The Regulatory System

Posted on:2011-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:P F WuFull Text:PDF
GTID:2166360305991365Subject:Law
Abstract/Summary:PDF Full Text Request
Punishment of the anti-corruption and bribery is the key, and bribery is bribery caused by the source, so that the research on bribery ineffective in the fight against corruption in China is difficult to achieve remarkable results in the main, particularly in China has signed the "United Nations Convention against Corruption "of the case, when it comes to the same charges," the Convention "and my" criminal "provisions vary, and some even appeared in a conflict based on international law standards, or continue to insist on the implementation of domestic law? This is an option for us. When international and domestic law conflict, the country has the responsibility to undertake international obligations and the international community's common needs. With the "Convention" of signing and ratification of the Criminal Law in particular, some of embezzlement and bribery crimes into line with the relevant international conventions and other problems and improve the procedure I put on the process, attracted scholars of great interest. In recent years, whether or judicial practice in criminal theories are biased towards the research on crime and combating corruption, while bribery is still weak, both in theory and in practice, there are many problems that this is not 10 crimes against corruption. Signing the "Convention", we should be under "the Convention" the relevant provisions on the basis of experience gained from the Improvement of the crime of bribery, in order to play in the anti-corruption rocess of a more important role. This paper will "convention" of the relevant rovisions of reference using the method of comparison and cancellation of legitimate benefits, increase the object of bribery, to expand the scope of bribery nd a good penalty for bribery issues such as research and study.This paper is divided into four parts:(1) bribery almost said, in this section, (?)e author introduced the Criminal Law bribery history and value orientation, but (?)so a detailed description of the basic characteristics of the crime of bribery. (2) United Nations Convention against Corruption," The innovation of bribery slated to a detailed analysis, this part is the main content of the article, the author f this part of the first "United Nations Convention against Corruption" bribery rovisions of the relevant general provisions specific provisions were elaborated, nd later in the "United Nations Convention against Corruption," the perspective f innovations related to bribery were the object of crime, behavior, Bribery, the enalty of four aspects of the situation in detail. (3) "United Nations Convention gainst Corruption" from perspective of bribery crime and lack of regulatory ystem, this section is also the focus of the article the author briefly describes our ystem of bribery crime and law and practice for basic information, but also added hat bribery in China Penalty Regulation of deficiencies. (4) improving our ribery legislation, in this section, the author expounds China's bribery Crime (?)egislation Perfect basic direction, the proposed "United Nations Convention (?)gainst Corruption," in order to draw on China's criminal law system in the (?)ribery offense is to be improved on.
Keywords/Search Tags:bribery, the United Nations Convention against Corruption, Criminal Law
PDF Full Text Request
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