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Study On The Crime Of Non Property Interest Bribery

Posted on:2017-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:R PangFull Text:PDF
GTID:2336330485960008Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Bribery Crime Protection Law beneficial terms to national staff positions such behavior impartiality or unpaid trust the impartiality of state functionaries or unpaid behavior and society. Thus, the nature of a bribe, that is, the general duties by the national staff of the formation of the price of all illegitimate interests. Thus, bribery ought to include not only property and property interests, including non-property interests. Non-property interests of bribery bribery main information, the performance of bribery, bribery help, pornography bribery, bribery and other five types of alternative behavior. By analyzing ought level, non-property interests can become the content of bribery. However, by then the real level of discourse, whether the provisions of the existing criminal law or the criminal trial practice, non-property interests are unlikely to be a bribe. Thus, non-property interests in bribery should be and the actual confrontation and conflict highlighted the urgent need to adopt legislation to non-property interests of bribery incrimination.About non-property interests of bribery into the sentence, two aspects should be considered a non-property interests of the bribe "substance", ie its normative purpose; two non-property interests of the bribe, "body", that it counts and the type of punishment to set. Purpose specification non-pecuniary bribe crime provisions is to protect national staff positions purely behavior or unpaid, as well as purely national duties paid no improper conduct of reliance on national staff, thereby protecting the state functions and role. Our mature Western countries might learn legislative experience, the Bribery Crime in China in the "property", "a variety of rebates or charges", "bribe" Uniform provisions to "bribe", and change the existing criminal law corruption crime Unity sentencing standard legislative model.In short, in future legislation, attention should learn from outside experience enables non-property interests of Bribery Crime in the "substance" to be rational, in the "body" on to be typed, to be separated from the crime of corruption in the "sentencing".
Keywords/Search Tags:Non-property interests of bribery, Ought and is, Interpretation and legislation, Crime settings
PDF Full Text Request
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