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Accepting Bribes Analysis

Posted on:2009-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhongFull Text:PDF
GTID:2206360248450872Subject:Law
Abstract/Summary:PDF Full Text Request
In economy market, more and more new types of trade between right and money are coming up. In recent years, the crime of trade between right and money appear new condition and new character. The criminal behavior is changing and concealing. For that the disputations in practice and theory of administration of justice are occurring. The case in this paper is a typical one of them.Through this case, we can see four focal point: the seniority of subject of bribe crime; the special form of bribe crime; non-property profit to be or not to be the object of bribe crime; definition of demand bribe crime.About the seniority of subject of bribe crime, analysis the 93rd of criminal law,there are two views of the subject of bribe crime.One is the character of the work, another is to be or not to be engaged in public affairs.The common character of the two wiews is "be engaged in public affairs". There are two points in the concept of "be engaged in public affairs", one is the opposition of labor services, and another one is the opposition of private affairs. According the fact of the case, the defendant is the subject of bribe crime.About the special form of bribe crime,there are two points;one is affirming,and another one is negation. There are three covert bribe crimes in practice. Through the fact of this case, making conclusion that the form of this case is the form of bribe crime.About non-property profit to be or not to be the object of bribe crime, there are two points; one is affirming, and another one is negation. Though the fact of this case, supporting the affirming and making the suggest of legislation.About definition of demand bribe crime,negation of the "obtaining interest for other ones "is the objectivity of bribe crime".There are two points in the accomplishing of bribe crime, one is affirming,and another one is negation.I support the first one.Though the fact of this case,some details in this case is demand bribe crime,ought to be punished as the bribe crime,but even more.Additional, the interest of crime law is un-purchasing of public affairs. Wu must legislation and formulate the interest of crime, for that we can attack and punish the bribe crime more efficiency.
Keywords/Search Tags:Bribe crime, Subject, The special form, Non-property profit, Demand bribe crime, The interest of law
PDF Full Text Request
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