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Research On A Number Of Accepting Bribes

Posted on:2011-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiuFull Text:PDF
GTID:2166360305465307Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Functions as a typical type of crime, bribery has a long history.In China, as early as 4000 years ago, not from the primitive finish, just entered the slave society of the Xia period, there were the "corrupt officials in order to defeat" the official corruption and bribery penalties.Since then, as "punishment unknown, Wei unpredictable," the common law concept of barriers to be broken, bribery statute enacted in the dynasty years was firmly established as the object of close attention to the ruling class.With the "from status to contract" rule of law in the process of development, taking bribes true essence, the more expressed as a power to make peace with the interests of the public arising from the typical sex crimes,The core elements embodied in official acts and corruption on the price relationship between the basic hazard is not against people buying behavior on the duties of the trust.This chapter discusses the object of bribery aspect. From the understanding of the nature of crime, discusses the shortcomings of social relations that, in order to determine the legal interests of taking bribes.Accepting bribes in order to have the state power to its power and status to repay improper mutual interest on the price of the basic features of acts of violation of duties that can not buy.Object on the scope of bribery crime assessment of academic controversy, that the scope of current legislation on the definition of bribery, there is the small scope of the problem, has become the theory and practice of the bribery of judicial determination of the crime be solved one of the key issues.Bribery crimes should be expanded to target the interests of nature, not limited to property and property interests. The same time, the "bribery crime is composed of objects" doctrine expressed a different view.The second chapter is the objective side of bribery. The main problem is that of "using his office" and "making benefits for others," understanding."Using his office," mainly from the theory of legislative change and controversy, and thinks that this issue should be used to judge the actual method is the method of taking bribes from the perspective of benefits to start; To "seek benefits for others" mainly analyzes the academic points of view on this issue, that "making benefits for others" should belong to the objective of taking bribes Elements.Chapter III of taking bribes, said the main research on identity and official said, briefly discusses the main public service that is reasonable, and use it as an important national staff based on identified areas. Also try to state personnel to define the scope.Chapter bribery perfection, is analyzed through the first three chapters, a brief discussion of the bribery offense object should be expanded, the main body for accepting bribes to "public officer" instead of "national staff."...
Keywords/Search Tags:Legal interest, Crime Object, Bribery, Official says
PDF Full Text Request
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