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The Utilization of Influence of the Crime of Bribery

Author: ZhangHongLi
Tutor: LuZuoYue
School: Zhengzhou University
Course: Legal
Keywords: Influence taking bribes Good offices of accepting bribes Close relatives People close to Illegitimate interests
CLC: D924.392
Type: Master's thesis
Year: 2011
Downloads: 83
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Abstract


Bribery phenomenon is an extremely corrupt, corrupting the integrity of the national staff, hinder the advance of the social and economic development. Bribery is the main cause corruption murderer practice of bribery in the form more and more complex with the evolution of society, more and more wide, the subject of a crime involves not only national staff and national staff has a kinds of special relationship with the people, by taking advantage of national staff positions to obtain the property of others, illegally accepting other people's property, the behavior for the benefit of others, namely the use of bribery of influence, a serious violation of building a clean government, but also greatly the destruction of our social and economic order, corrosive style, and discipline, and has become a social concern. Intensified, accompanied by the criminal behavior of state legislation to punish bribery are constantly improved and perfected, \the provisions of, the the taking bribes body is no longer confined to national staff, but extended to the national staff of people around. The paper, based on the legislative practice, constitute the theoretical analysis and explore the difficult situation in practice, the last author from the the Legislative Perfection angle to make some of their own insights. This paper is divided into five parts, as follows: The first part of the origins of the influence of taking bribes, accepting bribes relevant legislation in the history of our country, as well as the history of evolution, taking bribes legislative changes from the perspective of the history of the legislation, to review, perfect, and important to explore the use of the influence of taking bribes is introduced in the context of how the international and domestic. In addition, the author focuses on the value of the use of influence legislation accepting bribes. These are study the influence accepting bribes. The constituent elements of the second part of the influence of accepting bribes, dissect the constituent elements of a crime is the basic conditions of a real understanding of its criminal characteristics, the problem of the violation of the object by the author from the influence of accepting bribes, behavior, the main aspects of the problems several factors to study the influence of taking bribes four elements the crime constitutes proceed, comprehensive studies constitute influence the crime of accepting bribes features. Grasp on the third part of the influence of accepting bribes the accomplice problem, I first accepting bribes from the use of influence, discussed the problem of identification of the accomplice identified accomplice necessity and use of an accomplice in the crime of accepting bribes of influential feature finds an accomplice in the standard , and then explore the negative impact of the problem may be caused by the influence of taking bribes introduced in the judicial practice. The fourth part of the influence of accepting bribes and mediating the boundaries of accepting bribes to influence bribery offense last paragraph, leaving the national staff and their close relatives the case to influence the implementation of bribery, in the form of expression The good offices constitute the crime of bribery characteristics very similar, the author discusses at from two different, to explore the boundaries between the two. Perfect fifth part of taking bribes, using influence legislation, and more content in this section, the author from some influential taking bribes Confusing, vague term be clearly defined, explained, and in the original definition for recommendations exaggerated, to bring it into line with China's judicial practice, and the to explore accepting bribes improve the use of influence may be appropriate to learn from excellent international legislation on this basis.

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