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Unfair interests of bribery crimes ""

Author: HeJing
Tutor: ZengYueXing
School: Kunming University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: unjustified interests subjective element uncertain interests
CLC: D924.3
Type: Master's thesis
Year: 2012
Downloads: 150
Quote: 0
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Abstract


Unjustified interests is the components of the crime and the main basis of conviction above the article164th,389th,391th and393th in our "criminal law"Unjustified interests literally translates as a person or a group of acquired is irrational and legitimacy, do not accord with the needs of social development and people’s interests, do not accord with at least the minimum standard of ethics, individual or collective survival and development, production or social activities on the basis of the material and cultural life of the various needs. In the perspective of is thought to identified as "unjustified interests", including illegal interests, illegal benefits, interests of the seek improper, interest of duty against and not sure interests.The supreme people’s court, the supreme people’s procumtorate promulgated jointly by the "about for bribery crime in big case to be strictly investigate" in1999and the supreme people’s procuratorate promulgated " the people’s procuratorate directly done so case put on record of the provisions " made corresponding judicial explanation of "unjustified interests". And in2008the supreme people’s court, the supreme people’s procuratorate issued "about for the criminal cases of commercial bribery opinions on some issues of applicable law to make a little change in," don’t be legitimate interests "defined as" violates laws, regulations, rules, regulations or policies of the interests, or ask the other side violates laws, regulations, rules, regulations, policies, industry norms help or convenient conditions."Seek unjustified interests" the elements in the status of bribery is to belong to the bribery subjective factor, it is to carry out the purpose of bribery behavior. Will be constituted bribery crime, briber must have to seek "unjustified interests" of the subjective purpose,unjustified interests are in diversity form. Can be classified into the such as money, content, material, vouchers visible benefits and intellectual achievements, the other interests and other intangible’ interests, these are all in bribery "illegitimate interests" in the form of expression comes out.Unjustified interests in the judicial practice that should make clear above all "interest" form for focus, as judge interests "unfair" basis. Again with law "unjustified interests" of the content for the focus, affirm "unjustified interests". Analysis means "unfair" for the focus, to assume that "unjustified interests" provide conditions. Comprehensive consideration main body, interest of entity and means to cognizance "unjustified interests".At the same time need to clear,"unjustified interests" as the components of the bribery, on one hand, to seek "unjustified interests" and the implementation bribery behavior is serious against social and moral, for social members can’t stand, need to be adjusted by the criminal law. According to the comprehensive consideration as long as main body, interests, method and procedure to evaluation the legitimacy of interests, would not cause the indulgence of the behavior of bribery, And at the same time, in the bribery crime, the focus of our country law against bribery crime is still, so,"unjustified interests" the elements is unfavorable be cancelled.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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