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Improvement On The Criminal Law System Of Public Power Bribery Crime In China

Posted on:2019-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:S C GuFull Text:PDF
GTID:2416330566996528Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Bribery is an inevitable social phenomenon in the process of economic and social development.This phenomenon is a challenge to the management of state public power.Bribery is one of the most common forms of corruption,and it is also an important form of crime stipulated in Chinese criminal law.The United Nations and many countries have issued a series of related laws in the light of the emergence of new types of bribery crimes.Countries are also revising their laws in the light of the widespread phenomenon of bribery in the world,and China is no exception.The law against Chinese bribery has long been in existence and continues.There are many disputes over some legal provisions and attract the discussion of the theoretical circle.There are a lot of research results in the academic circle,but this result is the result.Whether it can be combined with judicial practice needs further consideration.In the case of bribery crime,most of the crime is a criminal investigation.The related identification and punishment sta ndard for unit crime is not perfect,and it is limited to the existing legal framework,and lack of understanding and systematic research on the whole system of bribery.The characteristics of the criminal law system of bribery crime in China are scattered,absent,vague,uncoordinated,strict but not strict.Therefore,our country needs to be perfected continuously in the four dimensions of bribery crime legislation,criminal policy,international treaty obligation and criminal law system.The crime of bribery is constantly supplemented to make the crime system more complete,so that the criminal system of the whole crime of bribery is constantly perfected,regardless of the change of bribery crime.The changes in the development of economy and society expand the scope of the subject of bribery crime to bring in more crimes.For unit crime,it is necessary to set up the legal provisions which are mainly composed of units.The scope of bribery crimes needs to be expanded to unjust advantages.At the same time,it is suggested to delete the essential element of profit,which objectively reduces the crime circle.By establishing a compound standard of combining ?amount? and ?plot?,establishing a precise penalty mechanism and scientifically refining the classif ication of penalty,the criminal system of bribery crime is perfected and a set of complete legal system is formed.
Keywords/Search Tags:public power, bribery crime, constitutive elements, crime system, penal system
PDF Full Text Request
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