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Research On The Constitution Of Crime Of Accepting Bribes

Posted on:2013-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z S SunFull Text:PDF
GTID:2296330362463895Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Thesis targets pose a problem accepting bribes special subject to the basic subject of thecrime of accepting bribes, radiation out of some special classes of the principal to discuss. Themain contents include whether the party should as the main body of the crime of acceptingbribes, members of villagers’ committees and village Party branch secretary whether thereshould be as the main body of the crime of accepting bribes, whether sports referee should beas the main body of the crime of accepting bribes, whether general practitioners should be asthe main body of the crime of accepting bribes, whether there should be as the main body ofthe crime of accepting bribes, retired from the national staff, the deputies should be whether ithas as the main body of the crime of accepting bribes, the "commissioned officer" whetherthere should be as the main body of the crime of accepting bribes and other issues,expectations of the main problems of accepting bribes, explore, the meaning of "nationalstaff" to help judicial officers in the judicial practice accurate application of the provisions ofsection93of the Criminal Law, and thus stable, accurate, and relentlessly punish the criminalscommitting the crime of accepting bribes.The author believes that the party can constitute the main body of the crime of acceptingbribes, but that the party organizations at all levels are not state organs, party, is not the staffof state organs. Village committee members in the administrative process, the use of hisposition to facilitate the solicitation or acceptance of financial, can constitute the crime ofaccepting bribes subject if it is engaged in is nothing to do with the administration of publicaffairs, are not allowed to constitute the main body of the crime of accepting bribes. Theleaders of professional sports referees, athletes, coaches, sports teams and other participantsor the organizers of bribery using a separate set of professional sports bribery, this is morereasonable. General practitioners can not constitute the main body of the crime of acceptingbribes, because the general practitioners’ prescribing rights "is not engaged in the performanceof official duties, the doctor is not" official,"but engaged in" public affairs ". From retiredstate workers can not constitute the main body of the crime of accepting bribes, because of retirement after no longer civil servants, nor of their official duties. NPC deputies constitutethe main body of the crime of accepting bribes, because the deputies to the NPC is composedof the organ of state power, and in exercising official duties. Entrusted with the management,personnel to operate state-owned property can not constitute the main body of the crime ofaccepting bribes, and as such the main is not within the limits prescribed by law.
Keywords/Search Tags:Accepting bribes, party, members of villagers’ committees, NPC deputies, "by commissioned officers"
PDF Full Text Request
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