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On The Problem Of Constituents Of Bribery Crime

Posted on:2019-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:W D YiFull Text:PDF
GTID:2416330566974719Subject:Law
Abstract/Summary:PDF Full Text Request
Corruption is a social issue of common concern in today's world,with great harm.The essence of bribery crime is the power and money transaction,that is,the state staff members use their positions to solicit or accept the property of others and seek illegal interests for them."Seeking benefits for others" is one of the constituent elements of bribery crime.The combination of the subjective and objective judgments of "seeking benefits for others" explains the different patterns of bribery crimes.Further,it is proposed that the “property” in the “receipt of property” element should be as far as possible to observe the principle of legally prescribed punishment for a specified crime and the legal interest of protection of the crime of accepting bribery in the judicial determination.When a reasonable examination of the price-to-price relationship between job behavior and buy-out behavior,the understanding of “property” can be reasonably extended without prejudice to its essential characteristics.Finally,based on China's current economic,political,and social background,it is proposed to remove the requirement of “seeking benefits for others”.In order to adapt to the severe situation in our country to combat job-related crimes,a stable judicial judgment model is formed to maintain the stability and predictability of the law.
Keywords/Search Tags:Accept bribes, receive other people's property, seek benefits for others
PDF Full Text Request
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