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Study On The Related Problems Of Bribery

Posted on:2017-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:L FuFull Text:PDF
GTID:2296330485969395Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The crime of bribery which is as the kind high rate duty crime, seriously threats and damages the stability of the social order. Because bribery criminals is hateful to Chinese and foreign rulers of ancient and modern, they pay more attention to punishing the corrosion worms. Firstly, this article summarizes the domestic and foreign legislation on bribery. On the basis,I analyze the bribery legislation history since modern times in China. The characteristics of bribes to domestic legislation are summarized. At the same time on the analysis of the major continental law system and Anglo-American law system countries’ and international conventions’ characteristics on the basis of bribery legislation. I draw a conclusion that both inside and outside the countries pay more attention to the no value of the crime behaviors of bribery. The deep-seated reasons for differences of domestic and foreign countries’ legislation on bribery crime are that these countries have different ideas about nature of the bribery.The object of the crime of accepting bribes should be that national staff’s duty behavior should not be bought As the author, I advocate that we should introduce the ‘tool of conduct without value dualism’ in bribery. So that the object of the crime in the composition of the crime play a substantive role in judging. At the same time, based on the different theories about the object of the crime of accepting bribes at home and abroad, I Combine with the characteristics of frequent bribery cases in China. Basing on the position of the prevention of the crime about accepting bribes being more important than punishment, I analyze the nature of the crime of taking bribes. I draw a conclusion that the nature of bribery is that national staff’s duty behavior should not be bought.Any act that violates the object of bribery is not acceptable to the criminal law. It is necessary to further define the objective behavior of the crime of taking bribes. This paper redefine the scope of bribery, and discuss the elements of "seek interests for others" of the future perspective, restrict the objective behavior of taking bribes.The bribery crime should have separated legal sentence. The nature of the crime of taking bribes is that the bribery behavior damages the object that national staff’s duty behavior should not be bought. But the nature of embezzlement is that the corruption damages the integrity of the property rights of the public property and the honesty of duty behavior. It’s essence is different from embezzlement. The two kinds of crime are different. They have the same. legal sentence. To analyze the necessity of e bribery crime’s separated legal sentence. Basing on the object of accepting bribes and the angle of the sentencing balance, combining with timeliness and effectiveness of punishment, I discuss that bribery crime punishment should strictly distinguish between conviction and sentencing plot. Reduce bribery crime incriminated standard. Increase the coverage of criminal law to punish bribery crime. Bribery criminal law should be strict.
Keywords/Search Tags:Bribery Crime, Criminal Object, Conduct Without Value Dualism, National Staff’s Duty Behavior, Conduct Shouldn’t Be Bought
PDF Full Text Request
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