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The Legal Research On Crime Number Between The Bribery Crime And The Crime Of Bending The Law For Selfish Motives

Posted on:2021-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:J W DengFull Text:PDF
GTID:2416330602478204Subject:Law
Abstract/Summary:PDF Full Text Request
The act of the bribery crime is receiving or soliciting property,while "obtaining profit for others" is beyond the scope of the bribery crime evaluation,which only plays the role of characterization.as to distinguish whether the benefits transfer is related to official duties,so that distinguish whether or not the crime is the bribery crime.The crime of bending the law for selfish motives has two key elements—"complying selfish motives"and "bending the law",the former should be a subjective element and the latter is the objective behavior.When the behavior of"obtaining profit for others" is specifically manifested as "bending the law",such behavior expresses the illegality of receiving property in the bribery crime,use the crime of bending the law for selfish motives to evaluate the legality of "bending the law" behavior.Therefore,the bribery crime and the crime of bending the law for selfish motives should be essence of several crimes,paragraph 4 Article 399 of the Criminal Code should be Special regulations by law.
Keywords/Search Tags:The bribery crime, The crime of bending the law for selfish motives, Role of characterization, The essence of several crimes
PDF Full Text Request
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