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Accepting Bribes Legislative Review

Posted on:2005-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:G ZhangFull Text:PDF
GTID:2206360125457477Subject:Law
Abstract/Summary:PDF Full Text Request
This dissertation elaborately examined several knotty problems in deciding the crime of accepting bribes in both practice and theory . It also provided some good suggestion on how to improve related law in force .Generally the whole article studied three main problems . The first problem is about the object of bribery , that is , the content and rang of bribes . The author analysed three dominating ideas about the object of bribes which are " property " , " property and benifit " and " anything that could meet people's desire " , and decided that the third point of view is more acceptable because it is in accord with the nature of bribes . To make it clear the author suggested that the range of bribes should be enlarged and all the benifit and property that could satisfy people in their life and spirit should fall into the rang of bribes . The author's thought is a great breakthrough of the traditional idea which said a bribe must be money or other tangible property . The second problem delt with the keep or give-up of one of the requirements of accepting bribes , which was to male benefit for bribers . On the basis of careful study of the criminal laws about bribery and their evolution histories in foreign countries , the author believed that the social relation that could be destroied by this kind of crime si the necessity of public officers' clean-and-honest , and accepting bribes isunlawful conduct by virtue of their power of office . In this way the author demonstrated that making benifit for bribers is not necessary for the existence of the crime . As a consequence the author held that it should be excluded from the crime's requirements . In part three the author went over the present punishment system for bribery criminals in inner china and pointed out its defaults in comparison with that of Hong-Kong , Taiwan and some foreign countries , with have developed more scientific . Naturally the author put forward her own point of view which said that the mode of punishment severity by the amount of bribes should be changed accordingly . Besides the author expressed some other good proposals on esteblishment of penal fine , restrictions on criminals' rights and things like that which are all very important to improve the system for bribery punishment.
Keywords/Search Tags:bribery, legislation, examination
PDF Full Text Request
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