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Several New Types Of Bribery Crime

Posted on:2015-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:W M DuFull Text:PDF
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Crime of bribery as a crime of corruption, the social harm is very serious, is one of themost important causes the credibility of our government decline. Therefore, the briberycrime has been a kind of crime crackdown in china. But with the development of our socialeconomy, bribery has presented new characteristics, emerged a variety of new type, whichgreatly increased the detection of conviction and sentencing in judicial difficulty. TheSupreme People’s court, the Supreme People’s Procuratorate on2007jointly issued the"about the problems of bribery in criminal cases the law applicable opinions" make how tobetter understand these new types of bribery crime and should be studied from what angle,has become a hotspot and difficulty of the research of criminal law.This paper, from the view of some new types of benefit item of bribery crime arediscussed. From the view of benefit item of new types of bribery crime, can help us tounderstand the nature of the crime of accepting bribes in changing background; it is helpfulfor us to new types of bribery crime to identify and distinguish accurately, which can reallyguide the judicial practice of the opinions and suggestions; help us to cancel on the lowerprofit elements represent the general trend in the crime of bribery, on how to coordinate theexisting legal provisions for thought and the future trend of legislation, and constitute theelements of the crime of bribery of thinking, to promote the deepening of theoreticalresearch of the criminal law; help us to implement the principle of legality, realize theeffective fight against the crime of bribery in criminal policy guidance in the leniencyseverity under the provisions related to cohesion; conducive to corruption crime in Chinaand the "United Nations Anti-corruption Convention"; to enhance the credibility of thegovernment, consolidate the ruling status of the party, promote social harmony.This paper consists of six parts. The first part interprets issues of bribery crime and thenew types of bribery crime, to lay the foundation for the following detailed analysis. In thispart, the author discussed the bribery crime of some basic theoretical issues, that the objectof bribery crime should be the duty behavior can not be bought, but to "the objectiveelements of the understanding using the convenience of duty" should be strict in moderate.Then analyzes the characteristics and the causes of the new types of bribery crime, that thenew types of bribery bribery, bribery has gradually expanded increasingly covert briberycontent, diversified and prosecution of increasing difficulty and so on four characteristics,and the formation of new type of bribery crime is the ideological culture, social economy,politics and law reasons. Finally, based on the new types of bribery crime harm to society aswell as the penalty should be of the analysis, the new types of bribery crime must beincluded in the criminal law and to sanction conclusions.The second part analyses our country benefit item of accepting bribery in the uniqueand controversial. Firstly, this paper analyzes the nature and connotation of benefit itemfrom different angle. According to the property of benefit item, scholars mainly exist oldobjective elements, subjective elements, objective elements of said new and unity of the subjective and the objective that four kinds of different views. After the analysis of theiradvantages and disadvantages, the author insisted that the new objective elements benefititem properties that should be said,"seek interests for others" is interpreted as "commitmentto seek benefits for others", and puts forward some suggestions as to adhere to the objectiveelements of profit element position. In the new objective elements that basis, the authorinterprets the connotation of benefit item, think "commitment" should include explicitcommitment and implied promise, real commitment and false promises;"others" can referto a requester himself, can also refer to a natural person, ask someone other than the personor other organization;"interest" includes property interests and non property interests,including the legitimate and illegitimate benefits. Then, this paper analyzes the impact onprofit element of bribery crime accomplishment standard from the theoretical point of view.The standard of accomplishment about accepting bribery crime, mainly in profit, profitcommitment that said, accepting bribes, accepting property or heavy losses and acceptingproperty and interests that five different viewpoints, but each of them has its defects. Theauthor put forward profit and profit requirements, commitment to accept property thatexisting standards, and the standards were analyzed, the understanding to "accept" a word inthis standard should be control or has said. Finally, the abolition of the profit requirementsare discussed. After a comprehensive theory of keeping and cancel the view, the authorthinks that benefit item shall be cancelled, but the current situation of our country there aresome value, it can not act with undue haste.The third to the sixth part, the author in this paper about the bribery crime object, thestandard of accomplishment of benefit item of nature and connotation as well as the crimeof bribery, the emotional investment bribery crime, crime of accepting bribes, acceptingmoney afterwards did not apply for registration and returned to the bribery bribes crimetype four kinds of new type of bribery crime are discussed these new types of bribery, insome detail but crucial problems of crime of in-depth study, such as emotional investmentbribery crime and bribery crime to distinguish between feelings of contact, in acceptingmoney afterwards bribery crime and how to understand "in advance" sin, not in themanagement authority for the registration of bribery crime how to define the crime standardand how to distinguish between the civil law and borrow, return to the crime of acceptingbribes in how to understand immediately "accept" and "timely" and so on, and on this basis,were typed interpretation and qualitative to each kind of new type of bribery crime.
Keywords/Search Tags:The new types of bribery crime, benefit item, new objective elements, implied promise promise, profit and accepting property said
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