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Research On The Determination Of Securing Benefit For Others In The Acceptance Of Bribes

Posted on:2018-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LuoFull Text:PDF
Abstract/Summary:PDF Full Text Request
Throughout the history of Chinese and foreign criminal law,we found that"seeking forthe interests of others" does not accept any legal inheritance and is not from the legal transplant.In the majority of countries outside the country and the historyofChina can not find a trace of trace.But it is always an important offense in our country-the constituent elements of bribery,and its status remains the same after being subjected to various arguments and criticisms.What is the reason?We can,regardless of"seeking for the interests of others" why can become one of the elements at the beginning,but we have to consider whether it is still alive today,whether to adapt to changes in the new situation to meet the needs of national anti-corruption work.In order to solve the problem of "seeking benefits for others" in the new situation and to meet the needs of the national anti-corruption work,this paper has learned the research results of the predecessors,combined with the new problems that have arisen and put forward the "Their own views,hope to contribute to theoretical research and judicial practice.This paper first introduces the concept and connotation of the requirement of"seeking benefits for others",discusses the value and necessity of the existence of the elements,paves the way for the following research;secondly,the study of ancient bribery,contemporary bribery and extracurricular bribery A comparative study of the"seeking for the interests of others" elements why in some times and countries have not been recognized,as well as the historical reasons set by our country;and then in the third chapter describes the "benefit for others,"the nature of this article that And then in the fourth chapter combined with the two new rules on the judicial interpretation of corruption and bribery,the practice of more difficult to identify "the interests of others"elements of the situation were analyzed and discussed in detail,clarify And finally summed up the "change seeking for the interests of others" in the new situation changes in the qualitative,punitive objects and legal improvement put forward their own views,hoping to help improve the "for others to seek benefits" elements.The life of the law lies not in logic but in experience.Judicial practice can often take the most direct way to tell us the real needs,tell us whether the law needs to change.This article will combine the latest judicial changes,contact with the practice of justice,from the "seeking for the interests of others" the history and value of talking about the perfection of the law for the end,put forward some personal views,hope to be able to understand the elements and provide meaningful The proposal.
Keywords/Search Tags:Bribery, Elements, Subjective elements, Objective elements, False promise
PDF Full Text Request
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