Gift And Bribery Cross And Transformation

Bribery is one of the causes of social corruption, violation of the national office staffintegrity. In reality the bribery not only as a trading power for money, but usually in to thelegal act to conceal their criminal objective, especially as emotional investment bribery hasconcealment, diversity, making it difficult to distinguish in judicial practice. The purpose ofthis paper is through the analysis of the relationship between the gift and bribery, especiallythe emotional investment, property and other special behavior reciprocity definition toexplore the legislation or judicial handling of identification, so as to solve the crime ofbribery. Not only through the effective way to distinguish between gifts and bribery, andmore emphasis on the prevention of bribery crime in. At the same time, through the gift andbribery fact analysis, to explore the relationship between lawful behavior and crime.Relationship between civil law and criminal law can be expressed as the relationshipbetween illegal and criminal acts, but also can be expressed as the relationship between thelegal action and criminal action. The latter is a problem needing to be solved, through theanalysis of the bribery gift relationship, to explore the legal behavior and crimetransformation form as well as the real reason.This paper is an empirical science research methods, including empirical researchparadigm and technology. The research paradigm to "refers to the process through theresearch of practical things come to reality in scientific understanding of" structural basisfor the research object, this paper is based on the paradigm of civil gifts and bribes thecrime fact analysis summarizes the effect factors, the relationship between derives the legalaction and criminal behavior. Is a fact that summarize the personality, the personality todraw the common process. Technology research technology refers to "get the facts evidencematerials and analysis of evidence", which can be divided into theoretical and factualanalysis, empirical science mainly refers to the fact analysis techniques, including caseanalysis, comparative analysis and literature analysis. Literature analysis method of multireflected in the various structure. To understand the current research perspective byanalyzing the documents, and related conclusions, which found that research gaps ordeficiencies, further research. Comparative analysis method in this paper is mainly reflectedin the legal settlement mechanism, through the relevant system to several countries andregions and traditional Chinese traditional legal system, so as to construct new legalmechanism for reference. Because of bribery and gift for the fact analysis, so the need forrelated cases, as a matter of fact proof. Therefore, by collecting some bribery and gift case,as a powerful demonstration of the view. The paper change the simple discussion the relationship between, but in terms ofrelationship between civil law and criminal law for bribery and gift relationship. Researchon bribery and gift,change the past two behavior make a static contrast, namely throughthebehavior analysis of legal norms constitute the difference of both, andcombined with thelegislative and judicial status of cross and transformationanalysis of dynamic changesbetween the two that occurs between the two.Secondly, according to the specific shapedivided reality donative behavior,shows that the crime and non crime trends, analysis of thenature of each behavior from the judicial point of view. In the transformationbehaviorstandard, will be used as the single standard to judge subjective behavior,otherobjective aspects as subjective judgment external performance, at the same time, thesubjective aspect is divided into meaning and intention, but the essence is intended to covertransformation behavior. By the end of thecross and transformation of bribery case to grantlegal acts and crimes,formed a unique research method is the common personality. Theaddition of a case, combined with the case, to illustrate two conversion exists in the form oflegal act and criminal behavior, namely active and passive conversion transformation, andanalyze their causes different forms oftransformation. Through the course of this study, theformation of the future development of the relationship between civil law and criminal law.This paper involves two aspects, one is the act of bribery and gift, the second is therelationship between civil law and criminal law. Firstly, the background and significance ofrealistic writing problem, through the data, and the current research situation of the realcase to explain the bribery crime rate is on the rise and covert bribery governance difficulty,followed by the method of research, mainly including the case analysis, comparativeanalysis and literature analysis of three, and for the existing literatures summing up, toillustrate the current status of the research. Finally, for a bribe, gift, civil and criminal entityrelation to define the concept, purpose is to serve as the theoretical basis of the article. Thegeneral idea of the text in the summary concludes the way to launch, phenomenon of nature.The real performance by contact with the distinction between bribery and gift to clarify thefacts and the reality of the cross. The action to start, focus on the analysis of the subjectiveaspects of behavior, and thus of bribery and gift into the essence. Finally, the two specialtype of reciprocity and emotional investment grant in the judicial practice is to be identified.Through the analysis on phenomenon, summed up the essential reason as embodied, theultimate goal is to distinguish between civil law and criminal behavior. To the commonpersonality, namely the realistic performance relationship between civil law and criminallaw, as well as the source of civil and criminal transformation. The foreign (region) researchon the related legal mechanism, selects several characteristics of the country (region), tolearn from its merits, summarizes legal measures suitable for our country. Finally, put forward to the future development of relationship between civil law and criminal law pointof view, including the theory and practice.