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On the crime and punishment of the crime of accepting bribes

Author: ZhengJingTian
Tutor: RuanQiLin
School: China University of Political Science
Course: Legal
Keywords: Nature Objective elements Subjective element Penalty
CLC: D924.392
Type: Master's thesis
Year: 2006
Downloads: 112
Quote: 0
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Abstract


Accepting bribes of the important issues in China's criminal law , it is particularly important in an increasingly tough anti -corruption situation . This article is divided into three parts of the preface, text and conclusions from the study of the nature of accepting bribes , and to reflect on the crime and punishment of the crime of accepting bribes , and finally concluded . Introduction briefly describes the impact on China's political and economic development of accepting bribes and taking bribes Research , raised the necessity of accepting bribes , purpose and method text is divided into five chapters : the first chapter of the nature of the crime of accepting bribes , and the object of this chapter First analysis of the nature of crime and object relationship , the nature of the crime infringement of legal interests , the task of the criminal law is to protect the legal interests (guest ) , but both the connotation of \Criminal law theory of civil law countries the legal interests has been discussed at the level of crime the essence or crime concept , rather than a study on the level of the constituent elements . This chapter violations of the law from taking bribes benefit analysis of the nature of the crime of accepting bribes , and then use the essence of the crime of accepting bribes to define its object . The chapter argues that the second chapter of the objective elements of the crime of accepting bribes , \property \The first to take advantage of his position to facilitate the connotation defined; were analyzed to obtain the property of others and illegally accepting other people's property concept , characteristics and manifestations , in the case of requests for other people's property , does not require a crime for the benefit of others , not as serious circumstances , but the taking bribes essential requirements ; case of illegally accepting other people's property , \The third chapter of accepting bribes main chapter argues that the essential characteristics of the national staff engaged in official business , and contact 93 of the Penal Code and related laws and judicial interpretations of defining the scope of the staff of the four categories of countries , the distinction between a delegate and delegate relationship . Chapter subjective element of the crime of accepting bribes This chapter combination of the traditional criminal law theory research, the subjective element of the crime of criminal law theory off

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