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A Research on Transactional Bribery Crime

Author: WeiJiaQian
Tutor: WeiHong
School: Guizhou University
Course: Legal
Keywords: Bribery Market transactions Accomplished National staff Preferential
CLC: D924.392
Type: Master's thesis
Year: 2009
Downloads: 47
Quote: 0
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Abstract


In this paper, the combination of theory and practice, focusing on the problems of the the transactional crime of bribery in the judicial practice of careful study. The text is mainly divided into the following four sections are discussed. The first part of the argument from the jurisprudence \Also studied the the transactional crime of bribery in the circumstances of a crime, compared with the traditional crime of bribery has particularity, including object on whether to include the order of the market economy, the nature of the objective \the main accomplice set up, as well as the subjective aspect of whether the \The second part focuses on the difficult problems exist on the the transactional crime of bribery in the judicial determination of depth and detailed analysis. Theoretically understanding the transactional crime of bribery provisions due to the limitations of judicial interpretation of technology as well as the provisions of the text itself and other factors, there are many differences, which led directly to a judicial determination of that type of crime in the judicial practice there are some difficulties. This section will be the identification of the market price in the bribery case of real estate transaction, to purchase goods at discounted prices and bribes to the form of transaction boundaries, the transaction did not apply for a title change behavior related issues identified and transactions taking bribes in the real estate transaction price disparity standard Identify explore. The third part of the first study the effectiveness of transactional crime of bribery provisions. This paper argues that the bribery case has gone through the transaction prior to the implementation of the \transactional crime of bribery to be identified. The article also highlights that the \The fourth part of \Including legislative proposals and recommendations of the judicial interpretation. The legislative proposals include the development of transactional bribery illegal income recovered operating rules and expand the range of transaction, transaction type bribery. The judicial interpretation of the recommendations, including a clear trading price between the quantitative criteria, a strict transactional bribery provisions presentation and clear the calculation of the amount of bribes three.

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