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On Expanding The Scope Of Bribery In The Crime Of Accepting Bribes

Posted on:2017-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2296330482989064Subject:Punishment law
Abstract/Summary:PDF Full Text Request
In recent years, China has increased the anti-corruption work to the height of the national destiny, in order to more effectively manage the problem of corruption, the Party Central Committee and the central government issued a series of relevant documents and regulations. However, there are still some deficiencies in the current criminal law of bribery, mainly in the relevant provisions of the scope of bribery can not fully adapt to the current anti-corruption work. In 2015, China passed the "criminal law amendment" Nine ", which the bribery crime with the new regulations, changing the China has been" stolen his crime, the traditional mode of sentencing, set up the amount and plot of the elastic mode of sentencing, laid the foundation for the future to further perfect the crime of bribery bribery range. The narrow scope of bribery has been a heated debate over the years. The expansion of the scope of bribery is an urgent problem to be solved at present. Traditional bribery is defined as "property", but in 2008, the Supreme People’s court and the Supreme People’s Procuratorate jointly issued "on Several Issues concerning the application of law in the handling of criminal cases of commercial bribery of" will also be "property interest" classified as the object of bribery, but the legislature and not by the form of legislation, will be officially to expand the scope of bribery "property interest". With the development of social economy, more and more new and hidden bribery crime has gradually developed, especially the "non property interests" is the development of rampant. A majority of scholars believe that the "non property interests" has a serious social harm, the request will be "non property interests" into the scope of bribery in order to more comprehensive combat corruption.The to the relevant provisions of the scope of the crime of accepting bribes for the breakthrough point, analysis of the crime of accepting bribes from ancient China to the reform and development of China’s new, and from for eign laws and regulations of the crime of accepting bribes to find relevant content that is worth our country to draw lessons from. At the same time, the scope of bribery narrow caused the problems are discussed, as they assist bribery, that is, through the help, through bribery targets that have the power of the people or their relatives to solve the temporary need to resolve the difficulties such as the way to obtain the care, benefits and other acts of bribery; second feeling bribery, for the establishment of the feelings of all inputs. Bribery by bribery object and its relatives weddings and birthday, illness, entering a higher school, promotion, with sympathy, congratulations and greetings in the name of, in the form of "red envelopes" emotional investment; thirdly information bribe is refers to bribe people by providing information and get good and bribery according to the obtained information, get considerable economic or political interests, mainly for personnel duty to provide information promotion, commercial secrets, trial secrets, and performance of bribery, instead of punishment bribery, bribery and the entertainment consumption type post retirement accepting bribery and various forms. For major corruption cases in the case of frequent sexual bribery is a problem, the community is very hate this, sexual bribery plays an important role in the case of corruption, and there is a growing trend. Combined with the above content, the author analyzes the scope of reasonable expansion of bribery, that the scope of bribery should be extended to non property interests, and to be a blow to the sex bribery. Although non property interests in the specific judicial practice in the process of investigation and evidence collection difficulties and other complex situation, but the non property interests of the community has to be a high degree of concern. At last, this article will discuss how to improve the definition of non property interests, such as how to conviction and sentencing, the definition of sexual bribery, and so on.
Keywords/Search Tags:Bribery, Scope of Bribery, Non Property Interests, Sexual Bribery
PDF Full Text Request
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