The Criminal Law Theory Of Family Violence

With the continuous development of economic and social, especially the deepening of the reform of the corporate system, has a commercial value of various securities continue to emerge At the same time, because of China continued to increase efforts against corruption, bribery crime has also become more subtle and complex, the pattern of bribery are also constantly refurbished. In order to severely crack down on bureaucracy in the hidden rules and elements meted out severe punishments, May 30,2007 "issued by the CPC Central Commission for Discipline Inspection on the strictly prohibit the use of their jobs to seek improper interests of a number of provisions" (that is "8 ban"). The CPC Central Commission for Discipline Inspection in recent years, an extremely bad effect for the masses of eight major reaction types summarized a new type of bribery to announce the above-mentioned "8 ban". July 8,2007 Supreme People's Court, the Supreme People's Procurator ate jointly issued another "on the handling of criminal cases of bribe-taking views of the law applicable to a number of issues" (hereinafter referred to as "Opinion"), the official will be the above-mentioned "8 ban" and the other two new forms of bribery as a way of accepting bribes ranks. However, in judicial practice, how to correctly understand and use these "Opinion" requirement, how to correctly grasp the finds of new types of bribe-taking type of "degree" is a major problem which placed before the judiciary at all levels.This paper attempts from the "opinions" to start and divide four parts to study the new issue of bribery:The first part, the author focuses on the characteristics of the new bribery and research the theoretical and practical significance of new bribery. Summed up the new main substantive offense of bribery of the main diversification of profit from the relationship between behavior and bribery of property found on the difficulty of features such as hiding and put forward research into new and bribery for taking bribes to punish crime, to increase criminal penalties for bribery efforts to purify the national staff working and living style, as well as building a socialist harmonious society significance.The second part, the author focused on analysis of "opinions" on the new situation, a concrete manifestation of the new crime of graft type and identified the criteria and so on. Details of the "transaction-type", "dry stock dividend-type", "co-investment-type", "trust management model" and other 10 kinds of new bribery crimes, which were analyzed 10 kinds of new bribery crime analysis and identify the applicable legal and other related problems. By "transaction-type bribery," the analysis summarized in order to correctly distinguish between the form of bribery transactions and normal transactions the key factors, and arrive at a market price analysis to determine the reasonableness of the amount of bribes. Dry stock dividend by the analysis of types of bribery, I believe that, first of all to distinguish between the dry unit involved in the case whether the registration of equity, while for the dry stock dividends are the amount of bribery or bribery yield generated by the issue, the author is more inclined to as a bribe in the amount of calculation. In co-investment model analysis of the problems of bribery, the author focuses in five different scenarios, based on Co-investment analysis requested the Trustee of the property of the form of accepting this new way of bribery, and accordingly put forward its own on the five kinds of situations in practice on dealing with point of view. With regard to the other seven different types of new types of crime, I have individually detailed interpretation and analysis. Then, come to my own point of view, not repeat them here.The third part, the author not included in further analysis of "opinions" of bribery and other new approaches, including the acceptance of barter, services, consumer-oriented bribery, simply accepting property, Independent accounts and, after receiving funds and materials used for official, public activities, etc. bribery. Through sexual bribery was convicted of two different points of view analysis, I also agree with say for sure that the proposed national staff received sexual services into the criminal law regulation; Through bribery consumer analysis of the problems, I suggest, would be China's "Criminal Law" Article 385 of the bribery provisions of the object, "property" expanded "property of interest" in the calculation of the amount of bribes in order to request the Trustee for the act by the consumer to pay cost standard; by simple bribes analysis of the problems, the author suggested that "Penal Code" a separate paragraph under section No.385 for accepting bribes as a special form of regulation of the conduct; and finally, after about accepting funds and materials used for official business, mode of public service activities of bribery, the author advocates, in the form of the identification of such bribery, in principle, constitute a crime of taking bribes, does not affect the bribery conviction, Will only affect the sentencing for accepting bribes.Finally, after taking bribes for a variety of new types of analysis and summary of China's new bribery, Author put forward several legislative proposals, They are: cancellation in accordance with "dollars stolen goods conviction" means conviction and sentencing, an independent set penalties for accepting bribes; to expand the scope and object of bribery of "sexual bribery" type of bribery as a special form of bribery for accepting bribes into the adjustment range.