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Research On The Interception Behavior Of Bribes

Posted on:2019-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:X M PeiFull Text:PDF
GTID:2346330569989353Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The act of withholding bribes is not clearly defined in China's legal norms and is not a normative legal term.With the strengthening and deepening of anti-corruption,the complexity and invisibility of bribery cases have also increased,and the simple bribery of bribe-givers,who directly pay benefits to the bribe-giver and request the bribe-giver to use his position to help him to seek illegal benefits,is becoming less and less.Therefore,the present bribery crime presents the new characteristic,namely bribe the person to look for the special relation person as the bridge introduction bribe.The problem of bribe payment is accompanied by special problems arising from the introduction of bribery cases.The interception of bribes is indeed a phenomenon of “eat the black” in real life,that is,the actor is entrusted by the trustee,who should have transferred the funds deposited on behalf of the trustee to the bribe-takers.However,in this process,the actor has some part or all of the bribery under his control secretly withheld from his own facts for the purpose of illegal possession.If it does not crack down on the retention of bribes,it will encourage such people's fluke mind and increase resistance to the country's crackdown on bribery crimes.Therefore,it is clear that the behavior of bribe payment and object recognition,grasps the characteristics of bribe payment retention,and analyzes the special nature of bribery,as well as the relationship between bribery retention and related crimes.As a result,it helps to combat such crimes,and maintains the social order and public Life order.The discussion on the issue of interception of bribes in China's criminal jurisprudence focuses on the discussion of the issue of the payment of illegal causes,and discusses bribery as a payment for unlawful reasons.Due to the special nature of the intercepted bribe money and penalties,it involves the cross-cutting issue of civil and criminal matters.Therefore,this thesis aims to analyze,from the perspective of civil law and criminal law,seeks to find the place where ice is broken,for such acts of crime and non-crime,this crime and other crimes to provide the basis for the division.This is not only the need for judicial practice,but also the motive force for improving theories and promoting theoretical progress.
Keywords/Search Tags:bribe, interception, payment for illegal reasons, fraud, embezzlement
PDF Full Text Request
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