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Research On Bribery Afterwards

Posted on:2020-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:L FuFull Text:PDF
GTID:2436330572474253Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the continuous strengthening and continuous pressure of the anti-corruption struggle,some of the lucky public servants have continuously updated the way of accepting bribes by changing the time relationship between profit and money collection.The form of crime is more diversified and concealed.In China's criminal law,there is no accurate definition and regulation on " bribery after the event",which leads to certain difficulties in the judicial determination.At present,the act of accepting bribes afterwards is only a kind of crime of accepting bribes.In foreign criminal law,only a few countries such as Japan and South Korea have legal provisions on the crime of accepting bribes afterwards.Whether the crime of accepting bribes afterwards constitutes a crime of accepting bribes is very controversial in the criminal law field in China,and no unified understanding has been reached so far.The situation urgently needs to separate the "post-acceptance of bribery" as "the crime of accepting bribes afterwards." This is not only the need to continuously build a society ruled by law,but also to constantly improve the legal system.It is also a realistic need to adapt to the situation,follow up the situation in time,and curb high incidence.Therefore,the article combines the research methods of case analysis and theoretical argumentation,analyzes the concept and characteristics of post-acceptance bribery and combines the elements of accepting bribes,and demonstrates the view that“acquisition after bribery” constitutes bribery.The article puts forward the perfect suggestions from the perspectives of judicial practice,legislative level and early warning mechanism,aiming at the status quo and development of "acquisition after the event",and hopes to help the judicial practice while enriching theoretical research.
Keywords/Search Tags:Post Factum Bribery Behavior, National staff, Receiving property, Position behavior
PDF Full Text Request
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