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Several Crimes The Crime Of Accepting Bribes And Abuse Of

Posted on:2016-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y YaoFull Text:PDF
GTID:2296330503951027Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of accepting bribes and abuse of power are common in judicial practice two counts, two crimes occupies a very important position in the Chinese Criminal Law, the provisions of the statute is also relatively detailed, but count on two counts of crime provisions rarely. For this reason, once the cross in the judicial practice of accepting bribes and abuse of power crime case appears, will cause controversy. From the angle Moumou case, the number of accepting bribes and abuse of power crime issues were discussed, in order to enhance their understanding of such cases. This paper is divided into four parts, a total of 2 million words.Part I: Introduction controversy and disagreement with Ren Moumou abuse case, the leads. This section describes the parties to the dispute Commentary on the judgment of the Court and the current society for the crime of accepting bribes and abuse of power several crimes issues and their reasons.Part II: mainly analyzes the reasons for the present case constituted bribery and abuse of power of sin. Firstly, the reason constituted bribery,mainly old Objectively speaking, said the new objective and subjective point of view, said the three, followed by analysis of the reasons constitute the crime of abuse, mainly from Imaginative Joinder, Implicated, Lapping of Legal Provisions made three aspects to elaborate. Part III: In this paper the author for bribery and abuse of power of sin identified several views. Including the number of crimes on the theory of the fulcrum, the principle of legality and the principle of suiting punishment to crime as well as differences in several aspects of the crime of accepting bribes and abuse of power to express the author’s position. Part IV: Conclusion. The crime of accepting bribes and abuse of power crime should fully take into account the number of research to adapt the principles of criminal culpability, fair and objective treatment.In this paper, to explore patterns of crime when the crime of bribery and malfeasance crime interwoven, mainly for the crime of bribery awareness as the main line of research, research from multiple perspectives such acts for the Offence Numbers of understanding. Among the crime of bribery related behavior includes behavior and accepting other people’s property to benefit other people’s behavior, may be suspected of the crime of accepting bribes and abuse of power both counts. This paper argues that in addition to laws expressly made other than those specified, for such crimes should be the crime of accepting bribes and abuse graft. Issues relating to criminal law should uphold the principle of legality, the principle of criminal culpability fit correctly conviction and sentencing, reflect social fairness and justice.
Keywords/Search Tags:Bribery, The crime of abuse of power, Graft, Seek benefits for others
PDF Full Text Request
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