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Study on Crime of Accepting Bribes by Power of Influece

Author: LiuYiBo
Tutor: XuGuiMin
School: Zhengzhou University
Course: Legal
Keywords: Use of influence bribes People close Constitute a crime
CLC: D924.392
Type: Master's thesis
Year: 2010
Downloads: 31
Quote: 0
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Abstract


2009 announced the implementation of the \this crime charges of \Combating this crime is growing louder and louder in the background generated, the community has placed high expectations of this crime. However, in a country ruled by law, legality is the most basic principles of criminal law, the fight against crime, prevention of corruption, you can not pin their hopes on Criminal Punishment, otherwise, it will cause crime trespassing off, there will be violations of human rights, it would Criminal law is unfortunate and sad. This article is based on the understanding of how to properly use the influence of bribes for the perspective, in accordance with the principle of legality, explore the use of the influence of bribes in some basic questions. In addition to introduction, the paper consists of three parts: Part I: influence on the use of bribes overview. Discusses the use of influence in the legislative background of bribes from the domestic situation and international situation described two aspects influence the use of bribery necessity into criminal law and international criminal trends. Through this crime and bribery, trading in influence offense comparison, consider that the concept of sin and civil servants can be defined as people close to those in power through their positions close to the behavior, or the use of those in power and their close powers or position convenient conditions, duties through other authorities act as trustees to seek illegitimate interests, obtain property or trustees trustees received amounts of money or have a serious case of the larger acts. Part II: influence on the use constituted the crime of bribery. This paper argues against this crime should be the object of complex object. The offense is based on the complexity and particularity of the subject, this crime against the two main aspects of interest. On the one hand is the impartiality of the civil service positions, which should be impartial enforcement of the civil service, but due to a person close to the impact of improper benefits for others reaped. Infringement of this crime are complex objects, the main object is the behavior of the impartiality of the civil service positions, the secondary object is the social order of fair competition. In the objective aspect of two cases, one civil servant \conditions on the job through other authorities act as trustees to seek illegitimate interests, solicit or accept property trustees trustees of property, a relatively large amount or have other severe circumstances. Second, retired cadres, or its \person's property or property received trustees, \This paper argues that the subjective aspect of this crime in the performance of direct intent, there is indirect intentional. Part III: Using influence the judicial determination of accepting bribes. The use of influence and bribery bribes difference is that civil servants use their influence and bribery, constituted bribery. Non-civil use their influence and bribery, constitute the crime. Essence of the crime of bribery money, and the nature of the crime is not bartering. Introduction bribery is the perpetrator knows someone want to seek civil servant through bribery acts provide this information to civil servants or civil servants introduced the briber's behavior. Actors in the introduction bribery act as an intermediary role, the perpetrator does not take advantage of their power, but to use the civil power. For such cases, should be based on specific conditions: if the perpetrator and the civil servants do have a close relationship, with influence on the civil service, and the trustees of the property received, even if it is not as trustees to seek illegitimate interests, but also should take advantage of the influence of bribery Accomplished identified; if the alleged perpetrator in fact civil servants and their close relationship, and lied on an influential civil servants, and to receive or obtain money and property of others with illegal possession purposes should be considered fraud processing. Complicity combing, the key is whether the national staff informed.

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