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Study on the Difficulties of Bribery Crime
Author: Zeng
Tutor: PanHong
School: Guizhou Normal
Course: Marxist Theory and Ideological and Political Education
Keywords: Bribery crime Bribe after the event Take Accept Normal intercourse between people Close relative
CLC: D924.392
Type: Master's thesis
Year: 2009
Downloads: 96
Quote: 0
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Abstract
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Bribery Crime is one of the most important phenomena of official malversation,to chastise bribery crime and to improve the probity of the govemment has become one of the most compelling problems in China nowadays, and it is also a very important historical responsibility of our Party and the government.By the rapid development of the economy,the offenders of bribery crime is changing their criminal behavior to escape the punishment by knowing the law more and more.So that the bribery crime appears with many new characters. Contrapose these new characters,the author think that it is necessary to do this study on the difficulties of bribery crime which is hard to determine.This article tries to give some advice about how to determine the difficulties in justice practice.There are five parts in this article.Part 1 is a summarization of bribery crime,it mainly introduces the constitution and the actuality of bribery crime in China,and also introduces the situation of lawmaking in both China and fremdness.Part 2 studies on the situation of“bribe after the event”.There’s a detailed analyse in part 2 about how to determine“bribe after the event”in many possible situation.Part 3 analyses three particular situation in bribery crime:“asked but didn’t take”,“accepted but didn’t get”and“got but didn’t accept”.Part 4 is about the bribery crime that is hided behind the normal intercourse between people. And the author try to find out the key point to determine this kind of bribery crime. In part 5,the author analysed some new problems in the 7th Revisal of The Criminal Law.It is mainly about how to define the border of“people who has a very close relationship with the officials”and“close relative”,further more,tried to define the state of“use the advantage which is under the influence of the official’s power”
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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Corruption and Bribery
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