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Nature Determination Of The Behavior Of Withholding Bribes By State Functionaries

Posted on:2019-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y S WangFull Text:PDF
GTID:2416330602458380Subject:Law
Abstract/Summary:PDF Full Text Request
There is no clear defination about the behavior of withholding bribes by state functionaries in China law,and it is not a normative legal term.With the continuous enhancement of anti-corruption and anti-corruption efforts in recent years,the simple bribery crime is less and less.Therefore,there are more and more cases of bribery through the middlemen who is state functionary.This paper is divided into four chapters to study the conviction of bribery behavior by state functionaries.Chapter one,the definition of the behavior of withholding bribes by state functionaries.This chapter mainly defines what is the behavior of withholding bribes by state functionaries,and makes a preliminary analysis.First,several concepts involved in the behavior were sorted out,and then the main features of the behavior were summarized.Chapter two,the qualitative dispute and comment onthe behavior of withholding bribes by state functionaries.This chapter mainly summarizes the current controversy in the academic circle and the theoretical circle on the qualitative problem of this behavior,summarizes the main contents of several different viewpoints,including the view of innocent,the view of bribery crime,the view of crime of embezzlement,the view of crime of fraud and so on.Then analyzes them one by one to eliminate the rough edges,among which the scientific and reasonable viewpoints.And the lattes are further demonstrated in the following paper.Chapter three,the criminal law evaluation of illegal payment.In order to analyze the nature of bribery act.This chapter summarizes relevant theories of illegal payment and foreign cases,and puts forward the author's views on illegal payment.Chapter four,the different treatments of the behavior of withholding bribes by state functionaries.This chapter mainly puts forward his own opinion that the behavior of withholding bribes by state functionaries may constitute the crime of fraud or embezzlement.
Keywords/Search Tags:state functionaries, withholding bribes, embezzlement, fraud
PDF Full Text Request
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