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Study Of Crime Of Offering Bribes To Influentials

Posted on:2017-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:N HuaFull Text:PDF
GTID:2336330488953938Subject:Law
Abstract/Summary:PDF Full Text Request
The Amendment(IX)to the Criminal Law of China adds a crime of offering bribes to influentials in 2015.Adding the stipulation not only eagerly meets the require fighting against the corruptions,but also fill the legal loophole of Bribery crime.Under the influence of the situation about fighting against the corruptions in the international, in order to crack down on corruptions in China, the Amendment(IX)to the Criminal Law is expressly agreed terms: “……to reap unfair benefits, people who gives the consanguineous or close to the national staff, or to leaving the onsanguineous or close to the people who has leaved the national unit something,he will be sentenced to more less three year's imprisonment or detention,and collection of fine……”.This charge that published by The Amendment(IX)to the Criminal Law not only defined the crime, tight the crime justice,but also promot development of legislative criminal legislation, and play a positive role in promoting building the clean government.However,the rule was published recently,lacking of the research of necessary theoretical and the practice experience,so there are lots of imperfect in the parts,such as constitutive requirements?judicial determination……Faced with the problem crominal law scholars have different points. Therefore, in order to solve the problems,and guide justice practice preferably,it is necessary to analysis the basic content of the crime.In this article, I will research into the crime of offering bribes to influentials in every ways,including basic situation?seeking the unjustified interests and others fields.The first major part researches the basic overview of the crime of offering bribes to influentials. At first, the relevant legislation is researched,so that the behavior of corruption in China will be uninterruptedly developed and improved,and keep the legislative advanced nature;At second,in order to tight the legal well,preferably to apply in practice I will analyse the legislation.The second major section of the artical,we research the legal interests and the objective behaviors.There are lots of different points in criminal law scholars.Based on researched the different points, the crime of offering bribes to influentials benefit of the crime is the duty behavior impartiality and the reliance that people in duty behavior impartiality of national officials;And the research of the objective behavirors that consists mainly of playing bribes?the range of bribery?behavior object contribute to study on a deeper level.On the third part of the article,mainly to study others qusetion.At first,we can determine the nature of the crime of seeking the unjustified interests by the different researchers' discussions.At second, mainly to study the unaccomplished states.By researching the questions and studying the related law regulations,we will succeed to fully recognize the crime,and offer proposals to the related issues that may be faced in practice,hoping by researching the sudty to the artical,we can development the crime of offering bribes to influentials preferably in judicial practice.
Keywords/Search Tags:crime of offering bribes to influentials, the objective behaviors, seeking the unjustified interests
PDF Full Text Request
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