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Research On The Amount Of Crime Of Bribery

Posted on:2017-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
The amount of bribery crime is an important part of the criminal law taking bribes constitutive requirements and criterions for the conviction of taking bribes plays an important role, since the ancient times to the amount of bribery crime in our country regulation is not the same, the main approach is general provisions and the amount of concreteness. Nine amendment to the criminal law of the People’s Republic of China hereinafter referred to as the criminal law amendment nine to the criminal law of the People’s Republic of China hereinafter referred to as the criminal law the three hundred and eighty-third specific provisions is amended as general bribery crime amount, is of great significance. But a general crime amount in adapt to the development of social economy and the in-depth implementation of the criminal law, there are many problems, needs to solve.This paper from the different legal systems at home and abroad to discuss about the regulation of the amount of bribery crime, draw inspiration, historically, about taking bribery crime amount both legislation and judicial interpretation has always been in the specific provisions and general provisions of keep improving understanding from different periods of different provisions of the criminal law amendment nine to amend bribery crime amount of rationality and deficiency. Second from the provisions of the specific provisions of criminal law in our country about the amount of crime of bribery crime amount is insufficient, first, embezzlement, bribery, apply the same amount of criterions for the conviction of crime, can’t reflect the nature of the crime. Embezzlement, bribery, infringement of legal interests is not the same; Second, the high proportion of the amount of bribery crime. Taking bribes to the amount of objective standards and criterions for the conviction neglected the plot of the influence of taking bribes; Third, the amount of bribery crime in the judicial practice general standard is difficult to apply. Different places, different levels of economic development, the general crime amount need to have specific standards; Fourth, bribery crime main body status, apply the same punishment standard is not scientific and so on. After the changes under the background of the law, these problems need to be legitimate and reasonable solution. Again, from all over the country to bribery crime judgment, nearly two years in Shanghai bribery judgment for statistical induction, the shortage of the regulations of bribery crime problem put forward relevant Suggestions:first, set up independent bribery conviction sentencing standards; Second, the increase in the role of the criterions for the conviction of plot; Third, the amount of set a reasonable standard; Fourth, on the basis of bribery subject identity set punish the crime amount of stricter standards. In addition, the amount of difficulty in taking bribes crime object recognition are discussed, such as fake and inferior products, collectibles, marketable securities, gift CARDS, etc. Finally, in the form of case study to explore the common bribery crime amount of related issues.The purpose of this article aims to analyze the amount of bribery crime shortage problem, put forward reasonable suggestions, to our country law, regulations, theory and practice of debugging to provide thinking.
Keywords/Search Tags:Crime of acceptance of bribes, Amount of bribes crime, Summarize amount, Plot
PDF Full Text Request
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