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A Study On The Criminal Law Regulation Of Corruption In China

Posted on:2018-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:L H M K S M ZuFull Text:PDF
GTID:2336330533456198Subject:Law
Abstract/Summary:PDF Full Text Request
Corruption,corruption is a social and historical phenomenon,anti-corruption,anti-corruption is the world's countries generally concerned about the issue.Perfecting China 's Anti-corruption Criminal Law Standard is an Important Link of Anti-corruption.Corruption crime with the emergence of human society and the emergence of ancient and modern as the focus of criminal law as the object of regulation.The corruption of contemporary society is a matter of great concern to the party and the government.The 18 th report of the party pointed out that the issue of corruption is "a major political issue of concern to the people".If the solution is not good,it may be "deadly and subjugated".Corruption,the crime of conviction and punishment standards,"Criminal Law Amendment 9" mainly made two aspects of the adjustment: First,the abolition of corruption,bribery conviction and punishment of the specific amount of the provisions,replaced by the amount of large,huge,particularly large this principle The specific amount of the standard by the judiciary according to the specific circumstances of the case to master,or "two high" to develop judicial interpretation to be determined.The second is to change the simple "speculation on the law" approach,replaced by "the amount of plot +" provisions,highlight the amount of other circumstances in the conviction and sentencing role.The importance of these two adjustments is that you can fundamentally solve the current judicial justice in the serious existence of the problem of imbalance.In this paper,the criminal law on the provisions of the crime of corruption analysis,come up with some of the criminal law on the improvement of criminal law recommendations.This paper is divided into four parts,the first part mainly introduces the concept of corruption and its characteristics and the previous criminal law norms.This article describes the 1952 "Regulations of the People's Republic of China on Punishing Corruption",the Regulations on Corruption in the Criminal Law of 1979,the Criminal Law of 1997,the Criminal Law of the People's Republic of China,Theprovisions on corruption and the provisions of the Criminal Code Amendment(9)in2015 relating to corruption.The second part mainly analyzes the shortcomings of the subject in the criminal law of corruption crime and the shortcomings of the penalty arrangement.The third part of the main study of domestic and overseas criminal law norms,mainly in Germany,Japan and China Taiwan,Hong Kong,the provisions of the crime of corruption as the object of study to analyze.The last one in accordance with the above analysis to the crime of corruption criminal norms to make appropriate recommendations.
Keywords/Search Tags:Corruption law, Criminal law regulation, Perfect law
PDF Full Text Request
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