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Design And Algorithm Research Of Four Axis Aircraft

Posted on:2016-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:F QinFull Text:PDF
GTID:2336330503458024Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Bribery has been a hot criminal type and attracts academic focus on how to dispose of it. Especially in recent years,with the development of the social economy, more changeable forms made bribery more intelligent,which leads it difficult to be found out.In order to legally punish bribery,on July 2007,the Supreme People’s Count and the Supreme People’s Procuratorate jointly issued the concerns of the Application of Law in the Handling of Criminal Cases Involving the Acceptance of Bribes.( referred to as the "Opinion"), the third type of the provisions of bribery is the co-investment. Features of this type of crime is that civil servants take advantage of the power and duties of the formation,by investing jointly to achieve the purpose of conveying bribes or illicit interests,imposing great harmful influences to our society.In this paper, the study of co-investment type of bribery is divided into four parts to analyze it deeply and propose useful solutions to resolve it:The first part of this article is the brief overview on co-investment bribery,which introduces the background and characteristics of the bribery type by co-investment, and the analysis of it are based on the typical form of bribery. With the continuous developments of society and economic, varied means of bribery crime come out, and co-investment model is the typical one of them. The co-investment bribery has some features:sham investment, the different identity of subjective, and inevitable profit. Until 2007,in the form of judicial interpretation of the new Bribery,it was identified as typical behavior, providing many specific guidance for judicial practice to combat such crimes.The second part of the basis, which is based on the national staff whether devote investment or management,the acts of co-investment bribery are divided into four parts.The first category is neither funding nor participating in the management, but to obtain the return of the investment, so it should be punished. What is most striking about these behaviors is that they are often hidden, resulting in judicial practice confused on combating the crime. At the conclusion on the basis of a variety of academic perspectives, this part focusing on these acts: actual contribution and dividends within the purview of conduct nature, gaining more profit than proportion of investment dividends, advanced funds by briber.The third part of the article analyzes differences in the behavior of the latter three types and the ordinary investment activities,based on infringement of legal interests and crime characteristics of bribery of crime. Briefly speaking, its essential character is that bartering behavior undermines the impartiality of the office and the national staff. But, if the national staff use their legitimate income, in accordance with the rules of the market economy,to invest for profit, while taking no advantage of their position in the formation of conditions for their own terms of reference, it should not be punished by criminal law. If bribers have been asked for cooperation in investment, national staff accepting profitable bribes in the investment based on a small amount of funding,they should be punished. Finally, according to the judicial practice of the crime of bribery crime and attempted crime of co-investment criteria are discussed, in order to solve the phase behavior that should adhere to the judicial practice problems.The fourth part discusses the advice of improving the law of co-investment type of bribery and recommendations to improve judicial interpretation,which should be clearly underwritten crime type bribery case. A clear method of calculation the amount of co-investment type of bribery must be established. In order to prevent and combat co-investment type of bribery more effectively, the national staff”s personal property should be opened to public in order to curb bribery co-investment trends. Sentence structure should be changed to increase the penalties for co-investment type of bribery,and the exercise of power system must be regulated to form an effective advance prevention mechanism. Ultimately, the aim of constructing monitor system of regulating the power will come true.
Keywords/Search Tags:cooperative investment, bribery crime, amount of bribery
PDF Full Text Request
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