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The Crime Of Bribery "to Seek Illegitimate Interests" To Study The Problem

Posted on:2018-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y J TangFull Text:PDF
GTID:2356330515979534Subject:Law
Abstract/Summary:PDF Full Text Request
As we all know,China’s current criminal law provides for the crime of bribery in order to seek illegitimate interests as an essential component.Interest is the needs of social content and characteristics obtained on the basis of certain production.Improper interests include illegal interests,illegal means to obtain benefits and uncertain benefits obtained through improper means.In order to seek illegitimate interests,it has experienced from scratch,from the establishment to the development process.However,since the establishment of the subject,the question of whether or not it should be a necessary element of the crime of bribery has become the focus of controversy,mainly including the two views of "cancellation" and "reservation".Through the comprehensive study of foreign representative countries and regions as well as the "United Nations Anti-corruption Convention" the relevant provisions of bribery crime,the basic will not be found outside the "to seek illegitimate interests" as the essential elements of bribery,and bribery of foreign tolerance low value money bribery crackdown buying positions worth learning.The crime of bribery "as the necessary choice to seek illegitimate interests" elements of fate is to distinguish between positive and negative behavior of bribery bribery based on active bribery "Cancel" negative "reservations",mining bribery in crime of bribery when out of positive evaluation "to seek illegitimate interests" elements in bondage,evaluation of negative retention of bribery "to seek illegitimate interests" elements of limit,and ultimately to effectively regulate the behavior of bribery.
Keywords/Search Tags:bribery, seeking illegitimate interests, active bribery, negative bribery
PDF Full Text Request
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