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On Offence Of Mixed Subjects Bribing Jointly

Posted on:2013-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:G H LiFull Text:PDF
GTID:2246330395971656Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The Bribery Crime arouses a wide and deep exploration and argument in terms oftheory and practice among the law field. In recent years, the Bribery Crime cases havetaken on new circumstances and problems, which are far more complex in legalpractices than Criminal Law’s regulations. The joint crime in bribery is a significanttheoretical issue in the study of the Bribery Crime.Firstly, starting as the legislation of Bribery Crime, the paper studies the jointbribery of mixed subjects. The change and development of the joint bribery crime ofmixed subjects legislation. It correlates to the development and characteristics ofBribery Crime legislation, and ones become the consensus of legislation. The tendencyof legislation development also concerns the relevant questions of joint bribery crimeof mixed subjects. Secondly, establishment elements of joint bribery crime of mixedsubjects. The theoretical premise of identifying its basic features is to make clear andsubjects of Bribery Crime. In the author’s view, the legal interests of Bribery Crime isthe job which can not be bribed. the dual nature of the subject, the common criminalintention, the separation of criminal behave or the identification of the joint briberycrime of mixed subjects. Thirdly, the distinction between the joint bribery of mixedsubjects and the related crime. The author introduces the differences between thebribery crime and the joint bribery crime of mixed subjects. The two should bedifferentiated on the identification of the basic crime compositions. The general helpbehavior of the bribery should be identified as crime of accepting bribes. Theintroducing bribe crime is defined in the "information" narrow range. The distinctionbetween mixed subject common bribery crime and bribery by using the influence isanalyzed from the two aspects:the behavior characteristics and subjective elements.Fourthly, the identification of the bribery amount by mixed subjects. The bribery crimeis a kind of typical amount crime, so the amount determines the conviction andsentence. The author holds that the confirmation of the amount of mixed subjectsshould accord to thet amount of participation, and unrestricted accumulated. on thebasis of the relevant legal explanation. It’s hoped that the paper could provide a correctway to identify the joint bribery crime of mixed subjects for the legal practice.
Keywords/Search Tags:Accepting bribes, Mixed Subject, Common crime
PDF Full Text Request
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