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On "Seeking Interests For Others" Involved In The Crime Of Acceptance Of Bribes

Posted on:2016-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y RenFull Text:PDF
GTID:2296330482466636Subject:Law
Abstract/Summary:PDF Full Text Request
To resolve for the Crime of Acceptance of Bribes in the judicial practice in the elements of seek interests for others" and the resulting dispute on bribery crime and not crime, this crime and the crime of the argument, the author through to the theory of comparative evaluation both at home and abroad, it is concluded that not buying (reliability) is violated law benefit of bribery, violating legal benefit is having"consideration relationship", "consideration relationship " by"seek interests for others" to reflect; "Seek interests for others" in the "others" are divided into the briber himself, "third party" and unit, "interests" from three dimensions, divided into legitimate and illegitimate interests, available and vested interests, possessions, property and non property interests; Through the theory of schools of thought contend, "seek interests for others" is defined as the minimum requirements for promise behavior of a kind of objective behavior; To "seek interests for others" false promises in certain conditions, constitute bribery, "post factum bribery" behavior constitute bribery, no request another’s help matters "emotional investment" for a long time whether the act constitutes bribery need specific analysis; "Seek interests for others" behavior constitutes another crime, except in addition to the law has special provisions, combined punishment for several crimes.
Keywords/Search Tags:Crime of Acceptance of Bribes, Law Benefit, Consideration Relationship, Seek Interests for Others, Identified
PDF Full Text Request
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