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Studies On The Question Of Common Corruption Crime

Posted on:2013-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z X ZhangFull Text:PDF
GTID:2246330374956480Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Nowadays, China’s construction of legal system of anti-corruption is more complete in progressively, states frequently adjusts the provisions related to corruption and bribery, we know that the joint criminal corruption crime violates the State’s duties the honesty of public officials seriously and the property of the public ownership, With the social transition of the economic system and the rapid development of the social economy, in social life, there are still frequent occurrence of signs about the corruption of the common crime, our country has always focused on the crime crackdown, however with the crime form of the diversification of the crime of corruption, the complexity and the difficulty of crime is increased, and the same time,educational circles and judicial circles pay close attention to it, besides, the corruption of the common crime is also the international public nuisance, so every country also attaches great importance to the punishment of corruption, apparently, it is very necessary to research about the joint crime.The question research about crime of corruption crime is a new topic, according retrieval and collection of access to the data, the domestic scholars on this kind of crime has made a lot of research on this kind of crime, but still some key issues exist controversies, without a clearly defined standards. For this, the author will use the professional expert knowledge, combined with the social philosophy of knowledge in the understanding of scholars, we will analyze several key problems and will put forward some own opinions, according some of the advanced experience of the theory, through causal analysis, empirical analysis, comparative analysis, historical analysis and research methods such as literature cited on corruption crime. The full text is divided into four parts, the text contains about thirty thousand words.The first part:we research the common of corruption crime theory problem. First in the crime of corruption crime on the basis of defining the concept, we put forward three controversial issues about the common crime of embezzlement conditions, namely, when the subject of crime and criminals is involved in related indirect principal offender, we should be how to distinguish recognized; the subjective aspects of the crime of intentional content is directly intentionally or indirect intentional or two of the both; with the development of the crime in legislation process, it reflects the imperfect problem in the legal aspects of common corruption crime, we will state them throughout of asking question, analyzing and solving problems.The second part:putting forward the specific issues of crime, namely,it is to different special status in joint crime of corruption to identify the problem analysis. First we introduce the corruption crime joint offense form which to have, then we research several views proposed practice in different special status in joint implementation of corruption crime, and finally we give out the own opinion, introducing the cognizance standard about the situation of crime.The third part:putting forward the second crime issues specific, namely it is to mix the common crime of corruption problem analysis. This part of the proof method is the same as the second part, but also to the academic circles in the presence of some viewpoints of the explanation, we has carried on the detailed analysis, finally the author puts forward the problem identification standard.The fourth part:putting forward the third of the crime issues specific, namely it is to the crime of corruption crime amount about the problem analysis. The first we are discussing the problems existing in practice, and then we analyze these view points’ reasonable or not, in the end of the part we give out of the own advises about the kind of the question standards.The author thinks that as a crime the crime of corruption crime’s questions are existence in the format, and the controversial issues about it are of the many, but the focus of the key problems are the above mentioned aspects, therefore, the author hopes that we should proposed own views throughout the analysis of these issues, in order to we will consolidate what own learned,at the same time it will be helpful of our judicial practice.
Keywords/Search Tags:Corruption joint crime, National staff, Status crime, Judicialcognizance, Perfect measures
PDF Full Text Request
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