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Study Of The Common Crime Of Accepting Bribes

Posted on:2004-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhangFull Text:PDF
GTID:2206360095450406Subject:Law
Abstract/Summary:PDF Full Text Request
This paper takes up the following 5 parts.1. The basic constitution of joint bribery crime.From the basic constitution of joint bribery crime, it discussed that non-statpersonnel can constitute the accomplice of bribery crime; non-state workingpersonnel can constitute the joint crime practitioner, the instigator and the helper ofbribery crime.2.Regarding the questions of unit joint crimeIt's discussed that a unit can be taken as a joint crime subject, the manifestation andcharacteristic of which are also exploited in this part.3. The determination and disposition of joint bribery crime for the state andnon-state working personnel.This part aims at solving some difficult questions in legislative practice, such as the determination and disposition of joint bribery crime for the state working personnel and the cooperation businessmen, the unit and the natural person, etc. 4.The determination and disposition of family joint bribery crime. The nature and disposition of family joint bribery crime are analyzed and discussed. 5.The criminal quantity and the criminal responsibility for the joint criminals. The criminal quantity is the most important element of criminal determination and penalty measurement. By analyzing some viewpoints, it is concluded that for every joint bribery criminal, the criterion of criminal quantity should be taken as the foundation of penalty measurement, on the basi? of which, the shares of personal spoils should be considered as a special criminal plot when measurement of penalty is made.
Keywords/Search Tags:bribery crime, joint crime, accomplice, instigator, the criminal quantity
PDF Full Text Request
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