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The Determination Of Property Interest In Bribery Crime

Posted on:2018-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:S L ZhangFull Text:PDF
GTID:2346330542979301Subject:Law
Abstract/Summary:PDF Full Text Request
There is always debate about that whether the property interest could be the object of bribery crime or not.With the affirmative acknowledgement of Judicial Interpretation,the argument gradually calmed down.But the definition and enumeration of property interest in the Judicial Interpretation is still simple,and many problems need further discussion.Consequently,this article is aiming at clarifying relevant contents and concepts.The problem of recognition property interest as the manner of bribery will be debated in detail.The first section interpret the necessity and rationality of including the property interest into the category of Bribery Crime.This move corresponds to the essence of Bribery Crime and the Principle of a Legally Prescribed Punishment for a Specified Crime,also according with the requirement of<United Nations Convention against Corruption>.The second section analysis the connotation and the feature of property interest.The connotation of property interest is reflecting economic value.The section continually analysis the distinction between bribery crime and violating property crime,and then generalize two features of property interest:the demisability of interest and the correlation of public power.After clarifying the essence and features,the third section discuss the bribery which utilizing the insider information of securities and futures.Clearing the ascription of property interest and specific problems in judicial affairs.The forth section mainly interpret the problem of Sexual Bribery.Pointing out the sexual bribery ought to be regulated by the Criminal Law.But currently only the employed sexual bribery could be regarded as the property interest in the Criminal Law.But another sexual bribery which needs briber do it herself cannot seem as crime and need the modification of law.The fifth section discusses the problem of accepting bribes of merits.Even though there is no amount difference in the religious belief,the essence of Merits Bribery still belong to the property interest.Allowing other people to donate merits could commit the bribery crime.
Keywords/Search Tags:property interest, information bribery, sexual bribery, merits bribery
PDF Full Text Request
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