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Study on the Problems of bribery

Author: WangGang
Tutor: DongYuTing
School: Heilongjiang University
Course: Legal
Keywords: Bribery Work Advantage nterest Mediating Bribery
CLC: D924.392
Type: Master's thesis
Year: 2008
Downloads: 89
Quote: 1
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Abstract


Bribery is a complicated crime, which has always been the fighting focus of the criminal law in our country. Especially today when we combat corruption and promote a clean government, bribery is one of the key objects of punishing. Nowadays, with the intensification of the economic system reform, the further enlargement of opening to the outside word, and the enhancement of the punishment against the bribery, bribery has taken on the tendency of different forms, foxy means, concealed behavior, which has caused failure of punishing this crime and influence the deepening development of the fighting against corruption, because of the increasing difficulty of investigating and hard conclusion. Combining with the existing laws and theories and the emerging problems about counter-bribery in practice, this paper aims to crush the existing space of the bribery in judicial practice so as to reduce the probability of bribery, through the analysis of the definition of the subject and the range of bribery, of the grasping of the "taking advantage of one’s duty", of the definition of interest grabbing for others, of the reflection on mediating the bribery. It is about to provide the scientific basis for powerfully fighting bribery. There are five chapters.Chapter I is about the definition of the subject of bribery. Based on inspecting bribery subject, it firstly analyses the definition of "other staff engaged in public affairs according to law", and then differentiate the existence and non-existence of the identity of the special national staff.Chapter II is the definition of the bribery scope. It starts from the argument and reviews of the bribery scope, ponder on the enlargement of the bribery scope and discuss whether sexual bribery can be defined as crime. Chapter III is the discussion of bribery in terms of "taking advantage of one’s duty". Based on discussion of the meaning of "taking advantage of one’s duty", it studies its definition.Chapter IV is the understanding and grasping of the essential of "interest grabbing for others". Based on its study, it inspects the orientation of "interest grabbing for others" among the component essentials of bribery, and discusses the definition of its situation.Chapter V is the reflection on the mediating bribery. It inspects its individual charge, and analyses its objective aspects.

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