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On The Cognizance And Punishment Of Offering A Bride To Influencer

Posted on:2019-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:W W LinFull Text:PDF
GTID:2416330575472947Subject:legal
Abstract/Summary:PDF Full Text Request
Under the backdrop of anti-corruption,the newly promulgated "The Amendment IX to the Criminal Law of the People's Republic of China" and "Explanations on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery" stepped up punishment for bribery crimes and added relevant provisions on the crime of bribery by influential people.However,due to criminal concepts,evidence systems,social psychological factors,etc.,there are many problems in the provisions of the crime in terms of identification and punishment.First of all,in terms of the determination of the crime,the provisions concerning "close relatives" and "closely related persons" are ambiguous,and the provisions of this crime's bribery behavior are not yet comprehensive.Second,in the provisions of the penalties for punishment,the amount of funds was unreasonably allocated,the circumstances of the plots were flawed,and the position of the crimes deviated from legislative expectations.How to solve these problems,how to implement the punishment of the crime is still a major issue at this stage.In view of this,in the general direction of "zero tolerance for corruption",this article proposes the following legislative proposals:First,to perfect legislation on objective aspects of the crime,to eliminate the constitutive element of "for unfair advantage";second,to adjust the judicial system.Explain the rules about the amount and the plot.
Keywords/Search Tags:Bribery of influential people, close relatives, close relationship, punishment
PDF Full Text Request
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