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Talk About The Our Country Perfect The System Of The Crime

Posted on:2012-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y T LiuFull Text:PDF
GTID:2216330368495059Subject:Law
Abstract/Summary:PDF Full Text Request
From an economic point of view, corruption, bribery is the most important in today's society one of the manifestations, bribery is a modern society, a higher incidence of crime, trade-offs from the comparison of the parties to make their own choices of behavior in the pursuit of efficiency maximum, resulting in the intensification of social decay. Depends directly on the root causes of corruption, bribery and crime causation. Bribery is the official conduct of national staff clean type of serious erosion, is a hotbed of corruption, its serious social harm is gradually being recognized and valued. Although some people believe in the social transition, to some extent the existence of corruption can improve efficiency, "the second option." Foreign social scientists also believe that a country in the process of modernization since the expansion of government power, with its attendant corruption on economic development to enhance the process of excitation, a certain degree of corruption as a modernization of the lubricant. However, we should see a few people in the interests of bribery on the basis of the state and society at the expense, undermine the entire social policy and economic order.Rapid economic development in the market today, some of the huge amount of crime, bribery, economic and social stability of the market created a significant negative impact on the people to be hated. This phenomenon is not accidental, partly because China's criminal law there in the fight against bribery bribery heavy bribery light anomaly on the other hand, China's current criminal law system, the relevant provisions of bribery imperfect, and the identification of bribery criminal provisions are too general, due to the lack of maneuverability. Therefore, to prevent and combat corruption is to reduce the corruption of the most important part.Currently, from the criminal legislation and judicial practice, bribery offenses generally corrosive, infectious, hidden, initiative and other features. As the complexity of bribery, bribery in relation to conviction and sentencing, there are still many theoretical differences, such as how to correctly understand "to seek illegitimate interests," whether "non-material interests" into the scope of the crime of bribery, how to correctly distinguish between normal behavior of gifts and bribery.Through the comparative study of foreign criminal legislation, the legislation in the punishment of bribery, anti-bribery institutional settings, legal punishment of bribery, etc., have much to learn and summarize our experiences and lessons learned. In order to better improve our bribery prevention mechanism, must do the following:1, complete bribery legislation, changes in "heavy combat bribery, bribery light punishment," the legislative ideas. Content in specific legislation, to consider "non-material interests" as the problem of defining bribery, bribery "qualifications punishment", "Penalty" and the application of penalties, "promised illegitimate interests" into the torture issue and penalties for bribery balance; 2, complete investigation of cases of bribery, and actively implement the "be placed on file type" investigation, "people filing simultaneously with the filing to do" investigative mode; 3, the difference between the bribery of public funds and private money to pay bribes punishment rules, increase penalties for bribery of public funds; 4, perfect body against corruption and bribery, corruption and bribery agencies to give appropriate investigative powers, the establishment of responsibilities, rights and benefits of combining the handling mechanism; 5, improve the social bribery prevention mechanism to form a "mass prevention and centralized management," the strong social prevention system.
Keywords/Search Tags:bribery, criminal law, penalties
PDF Full Text Request
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