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On The Determination Of The Amount Of The Crime Of Accepting Bribes

Posted on:2012-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:B N JiangFull Text:PDF
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The crime of bribery is an embodiment of"trading power for money", which destroys the State functionary actions can not be bought off, is our country economic development process of a tumor. Crime of accepting bribe has existed since antiquity. Since ancient times, whether in China or other countries in the world, has been trying to adjust to combat bribery crime criminal law. Especially now, along with the social economy unceasing development, the crime of bribery appeared a lot of new methods, new type, to the judicial practice to recognize the amount of bribery brought certain difficulty. New judicial interpretations promulgated since the amount of bribery, that once again become the focus of the theory circle and the practice circle. The criminal law of our country stipulated amount of bribery bribery crime is one of the components, can correctly determine the amount of bribes, directly related to whether the accurate conviction and sentencing of bribery. But at present, our country 's laws and judicial interpretations and not on the amount of bribery that have a unified standard, especially for some special bribery type identification,practice is not a practice.This paper is divided into three parts, and that the amount of bribery on issues related to the study of:Part I: The amount of bribery overview. The first part discusses the concept and types of the amount of bribery bribery amount, clarify the concept as well as in the different standard of bribery amount classification; secondly based on the current theory on the amount of bribery that a unifying principle, discusses the determination of the amount of bribe should follow the basic principles; finally, elaborated accurate determination the amount of bribe in the significance of criminal conviction and sentencing.Part II: Determination of amount of bribery. This part firstly according to the different classification discussed the bribery bribery amount general identification methods; and then focuses on several special circumstances should be how to determine the amount of bribes, then discusses the common crime amount of theory basis, elaborated in the common bribery under the common crime of bribery amount should be how to identify; finally through Discussion on Determination of amount of bribery bribery money to influence, clearly not all public expenditure for bribery and bribery can be deducted from.Part III: Determination of the amount of bribery crime related problems. This part discusses the bribery crime, crime subjective cognition on the amount of bribery and that the effect of. This part mainly solves the following problem: only in the bribery crime and bribery crime attempted cases, you can calculate the amount of bribe; in the subjective understanding error, should according to the unity of subjective and objective principles, combined with taking bribes the subjective psychology and the objective reality that the amount of bribe.
Keywords/Search Tags:the amount of bribe, calculation principle, calculation method, crime patterns, subjective cognition
PDF Full Text Request
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