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On the use of the influence of taking bribes

Author: LiGuoYan
Tutor: WangGuiPing
School: China University of Political Science
Course: Criminal Law
Keywords: Influence taking bribes Constitute a crime Defined Perfect
CLC: D924.392
Type: Master's thesis
Year: 2010
Downloads: 516
Quote: 9
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Abstract


\punishing omissions caused by the restrictions on the issue of corruption. Previously, the United Nations Convention against Corruption, \approved by the 18th meeting of the join. 18, the Convention provides for the crime of trading in influence. Of the amendments VII \the maintenance of social order and national stability. This paper attempts to criminal law theory, based on the combination of judicial practice and experience in handling cases of \Article first started accepting bribes from our legislative process, combing the legislative framework of accepting bribes on the influence of taking bribes \The use of influence taking bribes is a big step forward in the legal system of the crime of bribery in China, it makes our country the existence of bribery crime has been more strict legal regulation, has an important role of complement and reveal all the details. The article focuses on the influence the crime of accepting bribes analysis constitutes angles. Use influence the nature of the subject of a crime of accepting bribes, range, and the \authorities to explain on the need to have the right to make more detailed provisions, there is a certain distance with the standards of the Convention. Object of the Crime combine academic point of view of domestic criminal law and foreign theories, that the object of a crime should be given for the impartiality and integrity of the job behavior is more reasonable. This subjective aspect of the crime analysis focuses on the understanding of \Discussion and analysis of the objective aspect of the influence of taking bribes, the first meaning description of \type influence, followed by the concrete manifestation of this sin is subdivided into four cases study analysis combined with practice cases, in order to take advantage of the application of the influence of taking bribes has been exploring. And understanding of the range of improper benefits that should benefit from the degree of perfection of the provisions of the relevant matters and gathered enough evidence to determine the legitimate or not. Incidental \Part III focuses from the influence of taking bribes justice finds expand this crime or the boundaries, and to defraud the line between extortion and the good offices based accepting bribes boundaries, and leaving the country staff accepting bribes boundaries and the boundaries of common crime of accepting bribes, combined with the case and the specific situation to analyze discourse, in order to have a comprehensive and in-depth understanding and grasp of this sin. Finally, on the basis of the foregoing analysis demonstrated against this crime of legislation perfection see some thin. First of all, the norms of the criminal subject, I recommend \make clear explanations to guide judicial practice. Second, the definition of \Again multi-link bribery suggestions into the system to better fit the needs in our actual specification of the influence of taking bribes. Finally, I believe that should be constructed on charges of bribery crime system. In short, I use the influence of taking bribes during the analysis, discussion of issues related to criminal law scholars sought to absorb the combination of related cases in the judicial practice thinking, argumentation, aims to be able to better use of new judicial practice introduced influence of taking bribes to define the crime, combating bribery crime, realization of the commitments made by the United Nations Convention against Corruption, give full play to its role.

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