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Study Of The Common Crime Of Accepting Bribes

Posted on:2008-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y S XuFull Text:PDF
GTID:2206360215460381Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The thesis is about a few superficial investigation and discussion for bribery joint crime. About bribery joint crime between government staff members, the author think act individual generally constitutes bribery. But we should pay more attention these questions: firstly, government staff members should have intent of bribery joint crime before the crime is constituted. Secondly, the staff members' posts are not the basis of how to divide principal criminal, accessory criminal in bribery joint crime.Combining with the dispute in current academic circle, the author has carried out the following investigation and discussion on bribery joint crime between government staff members and others: Article 1, whether the natural man who not having government staff members dignity can be thought accomplice of bribery joint crime.. Article 2, whether the natural man who doesn't have government staff member dignity puts criminal into practice commonly and directly。Article 3, the analysis of bribery joint crime between government staff members and the people who there are common relation of property. Article 4, the analysis of bribery joint crime between government staff members and the people who there are no common relation of property. In the first question, the author expounds self viewpoint: the natural man who not having government staff members dignity can be thought accomplice of bribery joint crime. To the second article, the author agrees that the natural man who has no government staff member dignity and government staff members can put criminal into practice commonly. In the third question, the author discusses the character and behavior type in bribery joint crime between government staff members and their kinsfolk. In the fourth article, the author priority studies that government staff members asks an influential person for help providing the third party with the bribery accomplice problem, government staff members abet others in bribery crime, and the person who has no government staff member dignity extorts properties by using the dignity of government staff member.For crime of bribe taken by a unit, the writer discusses the following questions: Article 1, whether the unit can be the subject of crime in joint crime. Article 2 unit and the unit bribed the question together recognizing; Article 3, the classification of bribery joint crime between unit and natural man. In the first question, the author gives self viewpoint and reasons. About the second question, according to the different character of bribery units, the author expounds respectively. In the last question, the author divides offenders in bribery joint crime into two types and gives explanation in detail.
Keywords/Search Tags:Bribery crime, The duty is convenient, Common crime
PDF Full Text Request
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