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Research on the Subject of Accepting Bribery Crime

Author: ZuoChangZhou
Tutor: WangZhaoWu
School: Suzhou University
Course: Legal
Keywords: Accepting bribery Subject National staff National civil service
CLC: D924.392
Type: Master's thesis
Year: 2011
Downloads: 19
Quote: 0
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Abstract


The problem about the subject of Accepting Bribery Crime, has been academia, practitioners argue.According to our country the related legislation and legislation interpretation and Judicial interpretation, our country has been the national staff as the subject of Accepting Bribery Crime. At the same time, with the continuous development of social and economic, national staff of the connotation and extension is changing, That is, the subject of Accepting Bribery Crime are constantly changing , problems abound. For example, the one hand legislature in the general of Criminal Law stipulates that national staff refers to state organs engaged in official business. On the other hand, but in the criminal law in the state government workers and national staff to strictly distinguish between these two concepts. Again, about the national staff of he subject qualification as not only different point of view in the Highest judicial. Namely, the Supreme Court’s "identity theory" and the Supreme Procuratorate’s "official theory", but yet support each other’s point of view. The highest legislative and judicial confusion on this understanding, making the academic understanding on the subject of Accepting Bribery Crime, that is, varies on how to define the subject of this crime range, But also make difficult to the judiciary at all levels to accurately identify the the subject of Accepting Bribery Crime ,has seriously affected the judicial activities of the seriousness and unity.Based on the Accepting Bribery Crime of the subject of horizontal and vertical comparisons, focus on the interpretation of its subject, and analysis of existing problems, offered to "the national civil service" concept to replace "national staff" legislative concept suggestions on the Accepting Bribery Crime, Looking forward to provide some help for research on the subject of Accepting Bribery Crime.

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