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Thoughts On Perfecting The Legislation Of Accepting Bribe

Posted on:2020-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:M Q NiuFull Text:PDF
GTID:2416330590954779Subject:legal
Abstract/Summary:PDF Full Text Request
The crime of accepting bribes refers to the convenience of the state staff to take advantage of the work,to obtain the property of others or to illegally ask for the property of others and to profit for others.From the beginning of the founding of China,the legislators took the crime of accepting bribes as an important part of the legislation.With the revision of criminal legislation in China,the legislative work on the crime of accepting bribes has been continuously improved and improved,and has made considerable progress.However,along with the development of the economy and the changes in the social status quo,there have been some new situations and new problems in the practice of accepting bribes.This paper starts with the legislation and judicial interpretation of the crime of accepting bribes,explores the legislative status of the crime of accepting bribes,analyzes the irrationalities of the current bribery crimes,and puts forward targeted suggestions in light of the difficulties encountered in practical work.The author discusses the following three parts.Firstly,it studies the criminal legislation process of bribery crime in China,and divides the process of bribery crime legislation into three time periods with key time as the node.The first one is from 1949 to 1979;the second is from 1979 to 1997.Year;the third is the status of legislation from 1997 to the present.Secondly,it explores the two aspects of the crime of accepting bribes and the statutory penalty setting,focusing on the definition of the scope of “bribery”,whether the elements of profit should be retained,the necessity of setting up independent statutory punishment,and the irrationality of lenient punishment.These four questions are explored to find out the problems.Finally,suggestions for existing problems: The author believes that the scope of "bribery" should be extended to non-property interests,and that the interests should be gradually abolished.In addition to the establishment of an independent statutory sentence for bribery,it is necessary to strictly apply the conditions of wide and finally to better To prevent crime,it is recommended to add qualifications related to it.
Keywords/Search Tags:bribery, profit for others
PDF Full Text Request
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