Font Size: a A A

Resolve The Object Of The Crime Of Accepting Bribes

Posted on:2007-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:L GanFull Text:PDF
GTID:2206360182497852Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The aim of committing corruption is to bribe. So, what is the act of bribery? In Chinese laws of ancient times, the term"bribery"was clearly defined as property. From the literal meanings, to bribe, as a noun, means wealth; as a verb, means to lose; bribery, as a noun, is the money or goods the holder used as gifts when he asks someone else for help. For example, in"the Records of criminal Laws of Han Dynasty", it is said that"officials who take a bribe are to pervert the law";"Shuo wen( the legal explanations of the Laws)"says that"bribe, means to send money or goods as gifts in order to legalize the violation of laws"; and in"Tang Lv( the Records of Laws of Tang Dynasty), the sentence of people who take bribes will be judged according to the amount of the bribe, and there are also stipulations such as"people who takes charge of the prisons will violate the law if he accepts bribe", and"people who helps others to commit bribe will violate the law". Obviously, the documents mentioned above all define bribery as property.In modern society, there are three internationally accepted understandings of"bribery": first, the Money Evaluation Theory, which considers bribery only as the tangible or material profit evaluated by money; second, the Material Profit Theory, which considers bribery as the tangible or material profit; third, the Demand Theory, which considers bribery as all the profit to meet the needs of human beings. Experts in the domestic criminal jurisprudence also have three definitions: first, the Property Theory, which regards bribery only as money or the property evaluated by money, excluding any other profit; second, the Force Property Theory, which enlarges the explanations of property, not only including the tangible matters that money can evaluate, but also other property profit; third, the Profit Theory, which regards bribery as both property and the non-property illegitimate profit. Although all the theories above have their own advantages, defects still exist. They should reasonably be further remedied in theory.Bribery, ruled by the relevant stipulations from Article 8 of"U.N.
Keywords/Search Tags:Bribery, Property, Property benefits, Non-property benefits
PDF Full Text Request
Related items