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On the Subject of Complicity of Bribery Crime

Author: NieZiDun
Tutor: TangChaoHua
School: Hunan University
Course: Legal
Keywords: bribed non-national official common bribery
CLC: D924.392
Type: Master's thesis
Year: 2007
Downloads: 159
Quote: 3
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Abstract


There are two opposite theories for whether the non-national official can constitute the common bribery crime or not. According to the common crime theory and the crime constitution theory, non-national official can constitute the main body of common bribery crime. We should analyze this kind of situation upwards in four aspects:Firstly, if the actions which the non-national official accepts the bribe, are the main factors or playing a dominant role in the process, it would be regarded as common crime. Secondly, whether the family members of national official can constitute the main body of common bribery crime or not, it should be analyzed according to the characteristic and situation of bribery.Thirdly, when national official and company staff accepts bribery together by one’s duty, he should be criminated as the crime quality of the person who commits a crime by his duty. When the national official accepts the bribery by his duty or by his duty and other’s duty together, he should be criminated as bribery crime. But for the company staff, he should be criminated as the bribery crime of non-national official.Fourthly, when the national official asks the briber to send property to the third person, he would be criminated as bribery crime. And it will be analyzed concretely whether the third person is the common bribery crime or not. But the national official who tells the non-national official to ask and accept property should be the common bribery crime.The author points out the shortages of criminal law: (1) there is not clear prescribing in whether someone who does not have identity can become the common crime that is composed by people having identity only in general principles of criminal law in china, and there are no rules in legislation explanation. (2) There are also no rules to cognize the followings: The family members of national official accept the property of briber, but they keep silence and the national official figures benefit for the briber by his duty.The author also brings his proposal about how to perfect the legislation of common bribery. He suggests:Firstly, in the general principles of criminal law, it should be prescribed definitely no matter the person who has identity or not committing a crime together which is constituted for their identity, the action belongs to common crime.Secondly, in separate principles of criminal law, the spirit of rule about the common bribery crime in“The conversazione summary of country court cognizance economy crime cases”put out by the supreme court of people in 2003 as well as“The notions of some questions about the suitable laws of transacting the bribery case in the supreme court of people and the supreme procurator of people”in 2007 should be put in the separate principles. And it should be added two paragraphs in the article 385: the person who accepts bribery with national official should be committing as bribery crime.; If the national officials figure benefit for others by their duties and their nearby relation or family members accept other’s property no matter the national officials know it or not, they should be charged with criminal duty, as well as their family members. But if the national officials do not know it really, they should give quotation.

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