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Some Problems of accepting bribes

Author: XuZuo
Tutor: DuYu
School: Fudan University
Course: Legal
Keywords: Bribery crime Advantage of Job Positions Cash in on Object of the Bribery Crime
CLC: D924.392
Type: Master's thesis
Year: 2010
Downloads: 55
Quote: 0
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Abstract


Bribery crime is a typical crime by taking advantage of duty, not only does it violate the honesty of acts of the national staff positions and endanger the normal exercise of state power and the building of state political power, but also it disrupt the normal order of social administration and the normal economic environment, inflicts serious economic losses, corrupts the atmosphere of the party and the society, and increase people’s distrust of the government. With the rapid development of the opening and reform and the socialist market economy both crime rate of bribery crime and the amount of money involved in this case are in the trend of rapid rising, furthermore, crime means renovates ceaselessly, which have encouraged corruption and surged in grievances. In the current situation, our country should crack down on bribery crime. However, various complicated problems and debates in criminal theory and the judicial practice have never stopped as a result of the complexity and specialty of bribery crime itself. Consequently, the research on bribery has vital significance.Aiming at the exiting problems in the bribery legislation and practice as well as the controversial focus and difficulties in theoretical academic and judicial practice, the article focus on the following issues:The first one is the issue of making use of the convenience of position. The article describes several theoretical perspectives and the relevant judicial explanations about making use of the convenience of position in the current criminal law circles. Besides, the article emphatically differentiates the differences between making use of the convenience of one’s position and making use of the convenience which is formed by one’s authority or status as well as whether using the will assume or have retired from the office belong to making use of the convenience of one’s position or not. The second one is the issue of cash in on for others. The article comments on the theoretical perspectives on cash in on for others and proposes to lift the cash in on for others element in bribery crime of legislation. The third one is object of the bribery crime. The article describes the understanding of object of the bribery crime in the current criminal law circles and proposes legislation expanding the scope of object of bribery. The forth one is the issue of making use of the influence of bribery. The article referees to relevant regulations of UN Anti-corruption Convention to interpret the relevant legal issues of making use of the influence of bribery. The fifth one is the issue of bribery crime’s common crime. The article makes some researches and explorations from the characteristics of bribery crime’s common crime, the form of complicity and identification of bribes accomplice.

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