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Take advantage of the influence of accepting bribes Research

Author: LongJiang
Tutor: ZhaoTianHong
School: China University of Political Science
Course: Legal
Keywords: Take advantage of the influence of taking bribes Subject Illegitimate interests Accomplice Perfect
CLC: D924.392
Type: Master's thesis
Year: 2011
Downloads: 89
Quote: 0
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Abstract


Complex and diverse means of the crime of corruption has long been plagued by administrative justice, many national staff in order to circumvent the constraints of the law, have around close relatives or unusual relationship to the implementation of the activities of bribery, to cause such gaps due to legal The people have been at large, in order to better curb the occurrence of this situation, in 2009 by the Criminal Law Amendment (g) \The influence of accepting bribes, the introduction of the charges to a certain extent also actively fulfill their obligations under the United Nations Convention against Corruption \The adjust or amend the law to some extent make up for loopholes in our laws, and improve the system of bribery charges, but because of the introduction of a shorter time, but also brings a series of new issues of the theory of criminal law and judicial practice, lead to criminal law scholars The extensive discussion. This paper attempts based on the legal theory, combined with the judicial practice and foreign legislation and research to explore the use of influence taking bribes, is divided into six parts: First, the influence legislative background. This part analyzes the use of influence to develop because of the complex and diverse forms of the crime of bribery based on the United Nations Convention against Corruption \Second, on the subject of crime. The part of the first of the close relatives and closely related to the range discussed in basis of analysis academia mainstream view up close relatives should apply to the Criminal Procedure Law provides a close relative of range, followed by two aspects from the \Finally, our regulations with the United Nations Convention against Corruption \Third, the illegitimate interests of understanding. The part of the combination the judicial interpretations discuss the meaning of illegitimate interests, and academia uncertain benefits analysis, from China's national conditions and the use of the object of the influence of accepting bribes to elaborate seek should not seek illegitimate interests as the crime the elements of the crime. Fourth, the range of property to understand. The part of the first carried out comparative analysis of the differences between China and the United Nations Convention against Corruption \Fifth, the joint implementation of the crime of bribery. Part of the the different identities joint implementation of the crime of bribery qualitative, mainly discussed the closely related and national staff to the implementation of the specific circumstances of the crime of bribery. Comparison with accepting bribes. The influence of accepting bribes and accepting bribes (and mediate bribery and leave national staff bribery) on the behavior and body have a certain similarity, the part to distinguish between them in order to know the judicial practice. Seven on China's use of the influence of accepting bribes improve and legislative proposals. Ago discussed the influence of accepting bribes defects and deficiencies raised by this section shall as soon as possible judicial interpretation of the provisions of close relatives and people closely associated and the detailed provisions of the improper benefits, and learn from the foreign to the crime of legislation, legislative system of accepting bribes to adjust, such as good offices of bribery alone with this crime as a crime, increase the offense of bribery side.

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