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Research On Perfection Of Legislation Of Penalty Arrangement For Bribery

Posted on:2019-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:J YinFull Text:PDF
GTID:2416330563453121Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Corruption is difficult for any country to resist and put an end to.Bribery crime is a typical corruption crime.The bribery crime has become a hotbed for the crime of gestating bribery.In recent years,the introduction of criminal legislation and criminal justice interpretation has increased the punishment for bribery crimes,leading to the rational attitude of “the same abhorrent bribery”.However,there are still many problems in the legislation of bribery crime.This article intends to study the problems existing in the legislation of bribery crimes and propose corresponding countermeasures.This article includes the following four parts:The first part is an overview of the legislation on the punishment of bribery crimes.After interpreting the three concepts of the crime of bribery,the allocation of penalties,and the allocation of penalties for bribery crimes,the legislative evolution of the penalties for bribery crimes was sorted out.The second part analyzes the criminal legislation of bribery crime.Under the current status of this legislation,there are still penalties for the crime of bribery deviating from the statutory provisions for crimes,penalty penalties for fines and penalties,and the lack of qualifications.Problems such as the inadmissibility of the “Exemption from Punishment” Regulations include the fact that existing criminal policies do not play a leading role in science;there are limitations on legislative concepts in superstitiousness and legislative techniques.The third part is the investigation and reference of the criminal legislation of extraterritorial bribery crime.Through examining the legislative provisions in the countries of the Anglo-American law system and the civil law system that are effective in the construction of clean government in the punishment configuration of bribery crimes,we will focus on analysis of the places where we have reference value for China,such as improving penalties for bribery and adding bribes.Sin penalty.The fourth part is about the perfection of legislation on the punishment of bribery crime.In criminal policy,it is necessary to balance "legislative causality theory" and "judicial effectiveness theory",and use scientific criminal policies to lead the criminal legislation on the provision of bribery crimes.In criminal legislation,it is recommended that bribery crimes be doubled to impose fines and be divided into various conditions.The penalties for penalties for fines,the addition of "step-by-step" qualifications for the offence of bribery,and the repeal of the "exemption from punishment" provision.The allocation of penalties for bribery is the focus of attention.Suggestions for penalties for bribery crimes are put forward in the criminal legislation,and suggestions are made to improve them.This helps to explore the root causes of the corruption in China,in the hope of preventing corruption and bribery.
Keywords/Search Tags:Bribery, Penalty configuration, Bribery Penalty configuration
PDF Full Text Request
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