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On the Judicial Determination of New Types of Bribery

Author: ZhangPing
Tutor: ChenLi
School: Xiamen University
Course: Legal
Keywords: new types of bribery determination
CLC: D924.392
Type: Master's thesis
Year: 2009
Downloads: 278
Quote: 1
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Abstract


This paper is based on the Notice of the Supreme People’s Court and the Supreme People’s Procuratorate on Printing and Issuing the Opinions on Issues concerning the Application of Law in the Handling of Criminal Cases Involving the Acceptance of Bribes, which analyze the difficulties and complicated cases of new type bribery and their affirmation listed on this notice. The bribery has always been the main target of anti-corruption. With the development of economy and society, various bribery emerge one after another, yet the executives disagree with each other on the identification of being guilty or not. The notice’s emergence was on the right time, however, some of the details have rose controversy. This paper is aim at proposing some ideas on the identification of various new type bribery.This paper is consists of preface, text, summary. Chapter one and chapter two are mainly on the deeply analysis and discussion of the identification and their difficulties of various new type bribery such as: Accepting bribery through obtaining margins during commercial transactions; Accepting bribery through receiving the corporate shares without payment of consideration; Accepting bribery in the name of cooperative investment; Accepting bribery in the name of entrust financing; Accepting bribery through gambling; Accepting bribery after leaving positions; Accepting bribery through the specific concerned person(s). Chapter three mainly analyzes the issue of accepting bribes without registration or returning or turning in the property received.

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