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An Analysis Of The Basic Elements Of The Bribery Crime

Posted on:2018-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:S E KanFull Text:PDF
GTID:2416330518458974Subject:Law
Abstract/Summary:PDF Full Text Request
Bribery crime has been one of the research focuses in the academic and practical field.The researches involves the changes in legislation,the influence of criminal policy,the comparison and contrast of legislation setting home and abroad and the analysis of difficult problems during the application process of bribery crime,which has laid solid foundation for the theories of bribery crime,sharpened the awareness of bribery crime and played a positive role in the improvement of constitutive elements of bribery crime in our country.However,bribery crime still has its own problems from the perspective of judicial practice.For one thing,the more determined Chinese government is to curb corruption through law,the more judicial interpretation documents about bribery crime the relevant departments issue.Thus additional constitutive elements expand constantly.For another,bribery crime seems to have little to do with the curb of current corruption.With the increase of restrictive clauses of crime,the proof difficulties of the indictment departments also rise.Since the bribery crime not only reduce but tend to be more serious,more and more has called on to modify the constitutive elements of bribery crime.Under such circumstances,the author combines the practice and experience of anti-corruption and avoids the common research perspective.Without analysis of difficult problems during application of bribery crime,the study is conducted mainly around protective legal interest of bribery crime.From the perspective of normative elements of bribery crime,the author analyzes the characteristics of its development and present situation and compares and contrasts the setting patterns home and abroad to further investigate the cause of expansion of bribery crime elements,summarize value function of relevant elements and try to offer a new resolution to the problems.The thesis is composed of three parts.Chapter one summarizes the setting characteristics of constitutive elements of bribery crime in our country.Through the review of the majority of judicial amendment and interpretation documents from 1979 when bribery crime was set as an independent accusation till now,the author analyzes the bribery crime in the whole criminal charge system and summarizes the characteristics of constitutive elements of bribery crime in our country from three aspects.Chapter two elaborates the present expansion situation of constitutive elements of bribery crime in our country.After analyzing several interpretation documents about bribery crime,the author tracks down the expansion trail of constitutive elements.From the five specific constitutive elements—"state personnel","the scope of bribe","taking advantage of official duties","seeking interest for somebody" and "unjust benefits",the author interprets the expansion of the above-mentioned five constitutive elements,and compared the United Nations Convention against Corruption and the setting of constitutive elements of bribery crime in foreign countries such as Britain,America,Germany,Italy,Japan,Russia,Singapore and so on with the situation in Hong Kong and Taiwan.The author also elaborates the merits of the constitutive elements setting in our country,analyzes the problems and finally finds the resolution.Chapter three puts forward suggestions for improving the setting of bribery crime in our country.Based on the practice of bribery crime,constant and unlimited expansion can't resolve the problems during its application process.On the contrary,the impulse of breaking the rule of criminal law will lead to more troubles.Therefore,the author suggests that from the perspective of protection of legal interest,we should change the out-dated views of anti-corruption,that is,from the traditional,passive,renovating style to the new,positive,preventive mode.The setting of constitutive elements of bribery crime should represent the essence of "erasing the roots"(provide fundamental solutions to the problems).Moreover,the punishment of bribery crime should be strengthened and judicial efficiency should be improved.For one thing,expansion can't cross the bottom line of law and illegal means are forbidden to punish the illegal behaviors.For another,the setting of constitutive elements of bribery crime should be revised.The"enumerative" specific elements should be transferred to "comprehensive" constitutive elements with the decrease of redundant elements that hinder indentifying crimes,which will enable the setting of constitutive elements of bribery crimes more scientific and reasonable.
Keywords/Search Tags:Bribery Crime, Constitutive Element, Expansion
PDF Full Text Request
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