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Taking Bribes Identified Some Difficult Problems In The Research

Posted on:2013-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:H WuFull Text:PDF
GTID:2246330395990359Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of accepting bribes to use his position to facilitate national staff, to obtain other people’s property, or illegally accepts another person to seek the interests of the property for others, an important part of the job-related crimes. In those Years, the incidence of the crime of bribery has been high, and its criminal means more diverse and more complex. In recent years, the crime of accepting bribes in Justice of the many difficult problems, and specific identification of certain difficulties. I will use the combination of theory and practice, according to the new development trend of accepting bribes, based on the judicial practice of taking bribes to accepting bribes in the use of influence,"and sentencing-related issues for the benefit of others"This paper is structured as follows:The first part of judicial practice in the identification of several types of special subject. In recent years has many articles and judicial interpretations of its provisions and research as the main body of the crime of accepting bribes "national staff", so, this paper mainly on the special subject of a few identified difficulties in practice, for example, from retirees, fake national staff can constitute the crime of accepting bribes Determination of the Subject. The second part illustrates accepting bribes "to benefit other people." Conducted in-depth study "for the benefit of others" is the property status. The author summarizes the property "for the benefit of others", and for the benefit of others "behavior, the time frame described. The third part discusses the problem of identification of the influence of taking bribes. First, what is the influence defined. Because the law on the "close","close relatives" and other words are not to make specific provisions, the author also in accordance with relevant laws, judicial interpretations, in-depth analysis of closely related people, close relatives, the meaning. Finally, I willt analysis of the influence of bribery. The last chapter recognized the difficulties of accepting bribes sentencing. Refund of property characterization, and surrendered to the recognition of meritorious service and other plot to make the discourse.
Keywords/Search Tags:The identify of accepting bribes, Benefit of others, The use of theinfluence of bribery
PDF Full Text Request
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