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Joint Crimes Of Bribery, Identified A Number Of Issues Discussed

Posted on:2005-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y FengFull Text:PDF
GTID:2206360125457884Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Joint crime of bribery is the action that the official staff collude reciprocally, or with unofficial staff, to implement Bribery crime as a nature personal identity. Joint crime of bribery is a special form of Bribery crime, it has more complexities than single and is a particular feature of contemporary Bibery crime.This author centres some questions about disputed Joint crime of bribery definations, absorbs and refers to mature and influencing opinions, systematicly discusses legal and theoretical evidences of Joint crime of bribery definations, probes in a certain level. The first question how to define the subject of crime is the focal point of this author. The author differentiates the two opposite opinions, Affirmative theory and Negative theory, clearly and definitely brings out self judgement concept, further demonstrates that unofficial staff can comprise the joint offender of the Bibery crime. Centring the staff of companies, enterprises colluding with official staff etc. to discuss, this author points out the shortcomings of two theories, at the same time, elaborates ought to convict somebody Bribery crime in accordance with through one weighty. Detailedly demonstrates and emphasizing on analysises five circumstances that relative do Bibery crime for official staff and the definations of official staff and others' Joint crime of bribery. The second part of this author basing on common theories of joint crime and combining with specific features of Bibery crime, expounds the criminal intent of Joint crime of bribery between the relative and official staff, researches the criminal intent of Joint crime of bribery among official staff. The third question is about objective elements of Joint crime of bribery, in the author's opinion, gaining benefits for others is the important objective factor of Bribery crime and given reasonable explanations. At last, this author explores the subject of crime, giving evidences responsibilities and objective factors' legislative perfection, provides ought to improve judicial perfection from five aspects.
Keywords/Search Tags:Joint crime of bribery, Subject of crime, Criminal intent, Objective elements of a crime, legislative Perfection, Judicial Perfection.
PDF Full Text Request
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