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The Scope Of Bribery Bribery Problem Research

Posted on:2013-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:H WuFull Text:PDF
GTID:2246330374499854Subject:Law
Abstract/Summary:PDF Full Text Request
China’s present criminal law of bribery limited to the provisions of the"property" toappear in the judicial practice of many new forms of bribes are not effectively punish, alsomake quite part of the criminals at large. So become an important issue in the field ofcriminal justice to redefine the scope of bribery.This paper is divided into five parts altogether, about twenty-five thousand words.The first part, first of all from the relevant theories of bribery, examines the conceptof bribery, the characteristics of bribery and bribery in the definition of the three aspectscontent, to the bribery has a comprehensive understanding and knowledge.The second part, through reference to our country law in the bribery legislationevolution and comparative analysis, the international convention on foreign legislationabout blow the provisions of bribery, and concludes that the countries legislation onbribery are in the definition of the utterance of the trend conclusion.The third part, reviewed the criminal law theory about the controversial bribery, andputs forward the expansion of bribery should take interest said point of view. China’scurrent legislation and judicial interpretation shall advocate in the commercial sectorbribery including property interests,"interests" think, bribes should include all can meetthe people desires and corrode the interests of the integrity of the behavior of publicservants.The fourth part, the essential attribute bribes and penal tasks overview of thetheory,pointed out that the new bribery outside the property more in line with the essentialcharacteristics of the crime of accepting bribes,but also the needs of the task of criminallaw, the theoretical basis for the legislative expansion of bribery range.The fifth part, combined with the expanding bribery legislation would appearproblem, analyzes the shortcomings of the current legal punishment of bribes. In thelegislative level on how to scientifically and rationally expansion bribery proposedlegislation Suggestions, to design taking bribes crime, given circumstances and amplitude,the author suggests qualification punishment and fine punishment, construction of the Chinese characteristic stain the witness system. At the same time the author discussesthe process to answers some scholars doubt and distress of non-property interestsincrimination.
Keywords/Search Tags:Bribery, The Scope of Bribery, Benefits of Non-property
PDF Full Text Request
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