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Analysis On Criminal Law Of "Stopping Bribe" Behavior

Posted on:2021-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:W JiangFull Text:PDF
GTID:2416330602478196Subject:legal
Abstract/Summary:PDF Full Text Request
"Bribe" behavior is a kind of happened in the process of bribery crime of illegal possession of property behavior does not belong to you,the main characteristics of strong concealment,difficulty and so on,to some extent,this led to the judicial authority to investigate and punish this kind of behavior is not easy to problems,and whether this behavior should be regulated and how to carry out qualitative became a problem worth discussing.Only on the basis of clarifying the specific meaning of bribe interception,can we continue to introduce the nature of bribe money and goods,so as to further distinguish bribe interception from other related bribery crimes,and at the same time,by introducing the concept of illegal reasons to pay,to conduct a qualitative analysis of bribe interception.Then specific to the classification of the common interception behavior,a detailed analysis of them one by one,the final conclusion of how to determine the nature of interception behavior.Specifically,this paper can be divided into four parts:the first part is to introduce the problems existing in the qualitative analysis of interception behavior by enumerating the different qualitative analysis of interception behavior in practice.And specific understanding of the basic definition and characteristics of interception;The second part is to evaluate and analyze the different viewpoints of the academic community on the bribery interception,mainly including the crime of embezzlement,fraud,the crime of taking bribes,the crime of complicity,the crime of introducing bribery and the crime of innocence.The third part is through the analysis of the nature of bribery fund interception behavior,it is identified as the illegal reason of entrustment behavior,for the subsequent identification of bribery interception behavior can be established as a property crime to lay a foundation;The fourth part firstly clarifies the property legal interests that can be protected in the criminal law and confirms that the bribery interception should be a property crime.Then the author makes a concrete analysis of different types of interception behavior and draws a conclusion.Only accurate qualitative,accurate strike,can be able to curb this kind of interception behavior,maintain the judicial order and social stability.
Keywords/Search Tags:bribery crime, unlawful cause, crime of embezzlement
PDF Full Text Request
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