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On The Characteristics Of Bribery

Posted on:2004-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:R YangFull Text:PDF
GTID:2206360095450408Subject:Law
Abstract/Summary:PDF Full Text Request
Through a systematic analysis, the paper elaborates relevant theories on crime of accepting bribes and some frequently-occorring difficult problems in judicial .The thesis is divided into five sections.The first part is related to the features of the subject of the crime of accepting bribes. According to the provision of Article 93 of the criminal law, a state functionary who may be determined as a suspect for bribe acceptance must comply with the following two questions. One is whether the family dependent of a state functionary is likely to commit the crime of accepting bribe. Anther is whether the retired state personnel are likely to commit the crime of accepting bribes.The section two deals with the properties of the object of the crime of accepting bribes. The paper upholds that by talking advantages of the duty and accepting and asking for bribes, the state personnel conduct acts of corruption and abuse power for personal gain, which is against the basic demand of the state for the civil servant's integrity and uprightness.The section three is subjective features of the crime of accepting bribes. The crime of accepting bribes's subjective features is directive aforethought, that accepts in many studiers.The fourth section talk about the objective features of the crime of accepting bribes. Regarding the definition of bribery ,there are also quite different ideas. The paper points out that in the light of China's existing condition ,the range of bribery should be restricted to properties and material benefits .rather than pure occasional acquisition ,or the satisfaction of spiritual desire and the need for physical pleasure ,which in the theory conforms to the nature of the crime of bribery and China's present situation as well .what's more ,such a definition leaves no space for irresolvable headaches both in legislation and injustice.The last part point out some questions of the crime of accepting bribes in factionary. Writer just use own knowledge to answer those questions ,and waiting for talking about.
Keywords/Search Tags:crime of accepting of bribe, making use of the posts, Seeking interests for others, joint crime of accepting bribes
PDF Full Text Request
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