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Research On The Boundary Between Crime Of Introducing Bribes,Offering Bribes And Bribery Accomplice

Posted on:2022-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y GuoFull Text:PDF
Abstract/Summary:PDF Full Text Request
It has always been a hot issue in the criminal law field to distinguish the boundary between introducing bribery,offering bribery,and accomplice of receiving bribery.Because there are criminal compositions among introducing bribery,offering bribery and accomplice of bribery,and there are huge differences in the scale of sentencing,which makes a reasonable distinction between the above crimes be of great significance,However,in terms of the distinction between them,the Regulations on the Standards for the People's Procuratorate to Directly Accept and Investigate Cases stipulate that bribery is carried out based on the communication and persuading between the briber and the receiver.However,there are no specific provisions on matching and communication in the current laws and judicial interpretations,and no unified understanding is formed in the theoretical and practical circles,and there are also various of distinguishing standards,which has led to the occurrence of "different judgments in the same case." in the judicial practice.It is necessary to distinguish the above crimes and complete the study of the boundary between introducing bribery and bribery and receiving bribery.The first task is to clarify the essential relationship between the two crimes.Through the analysis of the disputed viewpoints in the academia,it can be clearly introduced that offering bribery itself is bribery and one of assisting behaviors of bribery,combining reasons why the above-mentioned crime distinction is prone to controversy,the specific relationship between the two crimes under the same theory and the specific method is explored to resolve the distinction between crimes,which finally determines that the introducing bribery crime occurs as part of the bribery and receiving bribery,and it is also the result of criminalized assisting behavior;According to the legal meaning and purpose interpretation,the principle of statutory crimes and punishments and the principle of compliance with crimes and penalties,a combination of subjective and objective methods is determined to distinguish boundaries between introducing bribery,offering bribery crimes and a accomplice of bribery crimes---objectively implementing pure information transmission,communication behaviors,subjectively neutrally introduced intentionally and knowingly bribery,with the intention to offer bribes or accept bribes.Behaviors that surpasd the simple implementation of information transmission,such as transferring property,gaining benefits,etc.,should not be regarded as introducing bribery.Intentions that go beyond neutrality and favor any party should not be considered to be intentional introducing bribery.
Keywords/Search Tags:Introducing bribes, Offering bribes, Acceptance of bribes, Helping criminal, Distinguishing standards
PDF Full Text Request
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