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A Study On The Conviction Of Non-Material Interests Bribery Of Bribery Crimes

Posted on:2018-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:L WuFull Text:PDF
GTID:2416330596489482Subject:Law
Abstract/Summary:PDF Full Text Request
China has always attached great importance to the fight against corruption and bribery crime.But with the development of economy and society,not only the social interests demand has become increasingly diversified,but also the means of bribery crime has been renovated.More and more non-material interests become switching power chip,resulting the serious damage to the public image and social prestige of national authorities and staffs,harming the Party and government honest construction as well as the social customs.However,considering the fact that the Chinese criminal law does not include the non-material interests into the scope of bribery crime which makes the corrupt officialsdrilled the legal loophole.The academia forms the positive and negative opinion about whether the non-material interests bribery should be legislated or not.Through theresearch,the author believes that the non-material interests bribery should be included in the scope of bribery and be punished.In this paper,the author tries to discuss from the following five aspects:The first chapter is about the scope of bribery crime in our country.This part starts from the definition of bribery crime and the scope of bribery crime in Chinese criminal law.Then analyzes the theory of the scope of bribery,and puts forward my own opinion.The second chapter is an overview of immaterial bribery,explaining the concept and types of immaterial bribery,then illustrates the legislative status quo in China about the non-material interests bribery from the economic law,administrative law,international law and departmental regulations.The third chapter introduces the legislation of the crime of non-material interests bribery in different legal systems and international treaties.In the fourth chapter,on the basis of the above discussion,the paper discusses the necessity about the conviction of the non-material interests bribery crime and provides sufficient theoretical support for the crime.The fifth chapter is about how to legislate the non-material bribery crime,mainly divided into two parts,respectively about the selection of the mode on the conviction and the establishment of the system of sentencing punishment.
Keywords/Search Tags:non-materialinterests, scope of bribe, criminalization, legislative conception
PDF Full Text Request
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