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The Utilization Of Influence Of The Crime Of Bribery

Posted on:2012-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:H L ZhangFull Text:PDF
GTID:2216330338956612Subject:Law
Abstract/Summary:PDF Full Text Request
Bribery and corruption is a phenomenon, it corrupting the integrity of national staff and hinder the progress of society and economic development. Corruption and bribery is a major killer causing, along with the evolution of society, in practice there is more and more complex forms of bribery, the subject of crime has become increasingly wide and covers not only the national staff, as well as with the national staff has a Species of special relationship, through the use of national staff position to extort other people's property and illegally accepting other people's property, seek benefits for others in the act, namely the use of bribery and influence, a serious violation of our clean government, but also greatly The destruction of our social and economic order, corrosion style, and discipline, has become the concern of all sectors of society. This article is divided into six parts, as follows:The first part of the influence of bribery by origin, from the perspective of the legislative history, review our history of accepting bribes related to legislation, and with the history of the evolution of legislation on bribery modifications, enhancements, and the important influence of bribes by What is the crime of international and domestic context introduced. In addition, the author focuses on the use of the legislative influence of the value of accepting bribes. These are used in the study of the influence necessary for taking bribes.The second part of the use of influential elements of the crime of bribery, analysis of the constituent elements of a crime is a real understanding of the basic conditions for their criminal characteristics, the author of taking bribes from the use of influence in violation of the object by the object of the problem, behavior, body exist Problems, the subjective aspects of this study, several factors influence crime of accepting bribes constitute a set of four elements, constitute the use of comprehensive impact of the crime of bribery features.The third part USES influence bribery accomplice question, the author first party from using the bribes that made influence the debate on the necessity that accomplice question, and using the influence of CPC make features of bribes the standard that accomplice grasp, and discusses in the judicial practice because the influence of possible bribes on negative effects of problems, which could become the nation's "red do personnel insanity symbol".The fourth part use bribes and mediating influence of bribes limits, in the use of influence in the last paragraph of bribes the departures of state personnel and their close relatives of bribery using influence implementation situation, in performance forms and mediating the bribery crime constitution features very resembled, based on the differences between them, this paper discusses the boundaries of discussion.The fifth part use bribes legislation, influence this part from some more, the author mainly using the influence of easy mixing, vague bribes to defining terms, explained, and the definition of the original proposal, make exaggerated in order to make it conforms to China's judicial practice, and on this basis to consummate use bribes can influence on the appropriate reference to the international legislation is superior place.
Keywords/Search Tags:Influence of bribes, Good offices of taking bribes, Close relatives, Close people, Illegitimate interests
PDF Full Text Request
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