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Study On Repeal Of "Securing Benefit For Another" In Crime Of Acceptance Bribes

Posted on:2016-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:X W FanFull Text:PDF
GTID:2296330467494887Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,“receiving gifts” and “emotional investment” are more andmore in the judicial practice, so far as to exist in every criminal case of bribes. It is aprecondition of constituting a crime of bribes that meeting the requirement of“securing benefit for another”. But we usually can’t find evidences of promising,behaving or result in this kind of cases,and the criminal suspect often fight againstinvestigation department with “receiving gifts” and “emotional investment”. Theproblems issue from the problems of the legislation. As times alter, the originalprovisions already can’t adapt to the new situation. For this problem, it is also acontroversial issue in theory research. There are two types of theories about thisissue which are “constitutive element” and “non-constitutive element”.“Constitutive element” includes four types of theories that are “old objective element(action)”,“subjective element”,“new objective element (promise)” and “doubleelements”. But even if using any explanations,we can’t solve the problems of“receiving gifts” and “emotional investment” in the judicial practice.This paper proceeds from a real bribery case of “receiving gifts” and“emotional investment” in my work. I summarize the focus on the case that is how toexplain “securing benefit for another”. Then, I use a lot of kinds of ways to studythis issue, for example theory researching method, comparing method, historicalanalysis method,literature researching method, practice method, survey analysismethod, what-if analysis method, psychology analysis method and so on. This paperanalysis and discusses involves the following aspects: the problems of theapplication in the judicial practice, the problems of the legislation, the theories of“securing benefit for another”, object of bribe crime, provisions throughout historyof all time in China, the legislations of bribe crime in other countries and districtsaround the world, consequences and feasibility of repeal “securing benefit foranother”. After the discussion, I find that any explanations can’t solve the problem of“receiving gifts” and “emotional investment”. So, I give up interpretive theory, but choose legislative theory.In this paper I discuss “Amendment to Criminal Law (nine)(draft)”.In this draftonce has planned to add a new crime named “crime of receiving gifts”. Aftercomparisons and discussions, I think there is no need for adding this crime, and Ithink we should make use of bribery crime to solve the problem of “receiving gifts”and “emotional investment”. Discussing “securing benefit for another” from thisperspective is first in Chinese paper.At last, I put forward the legislative suggestion that repealing “securing benefitfor another” from crime of accepting bribes.
Keywords/Search Tags:Crime of Bribes, Securing Benefit for Another, Repeal, Emotional Investment, Crime of Receiving Gifts
PDF Full Text Request
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