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Study on the Object of Committing Bribery

Author: DongXu
Tutor: ChenJieZuo
School: Anhui University
Course: Criminal Law
Keywords: Accepting bribes Target of a crime Object of a crime Perfect
CLC: D924.392
Type: Master's thesis
Year: 2011
Downloads: 32
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Abstract

Accepting bribes as a typical job-related crimes in the transition of the economy at this stage, it is still in a high incidence of prone, and the emergence of a new means of bribery. However, the criminal law provisions exist on the target of a crime of accepting bribes limitations, resulting in new bribery of the judiciary in judicial practice there is no basis for punishment, bring bad influence to society. Starting from the object theory of the crime of accepting bribes, the purpose is to redefine the target of a crime of accepting bribes, and further discussion on the Perfection of Legislation. Clear of taking bribes to protect the legal interests combined with judicial practice, through the use of horizontal comparison analysis method, draw the inadequacies of our target of a crime of accepting bribes, pointed out its reasons for lack of harm and put forward recommendations on specific legislation from theory . Passed in order to expand the range of the target of a crime of accepting bribes to adapt to China's current social needs and international trends, in order to better combat and prevent the crime of bribery. Clear bribery Crime object range, we must first define the connotation of the target of a crime. The target of a crime writer first described the traditional view of its lack of a re-definition of the object of the crime. I believe that the the crime object In addition to specific people or things, should also include an abstract matter. The intrinsic relationship between the the crime object with the object of the crime, to further clarify the object of the crime of accepting bribes in China, based on the theory of abstract things violate the object of the crime of accepting bribes, and subject to the same sanctions of the criminal law. Defects on our target of a crime of accepting bribes existing legislation, the author of our doctrine about the bribery Crime object range assessment, there are three main doctrine, said material interests, the substance said and interests, I think we should adopt the interests of the said point of view. And demonstrate the above point of view based on the object of the legislation of the crime of accepting bribes defects of the crime of accepting bribes object can not meet the ever-changing criminal means, does not help us to carry out in-depth punish corruption, there is a serious lag provisions exist differences between France and China to participate in the Convention and national departments, is not conducive to the fulfillment of obligations and the legal departments of coordination. Extraterritorial have more detailed provisions about the target of a crime of accepting bribes contents of the legislation, by horizontal comparative analysis, clear defects on the legislative requirements of our target of a crime of accepting bribes, namely a relatively narrow range, the target of a crime of accepting bribes extraterritorial provisions of our reference. The crime of accepting bribes as a trading provisions on the target of a crime of accepting bribes has been unable to meet the practical needs, according to the nature of the crime of accepting bribes, the crime of accepting bribes object legislation put forward concrete proposals perfect. Recognition criteria are expressed as the object of the crime of bribery \

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