On bribery crime
Bribery is the official conduct of serious harm to the integrity and the impartiality of the National Trust is a kind of crime of corruption, It is enough to make people lose confidence in the public power, to shake the foundations of the regime. Bribery crime is as the main form of corruption, which is a social phenomenon is also a history of cancer in the objective existence at all times and under all kinds of power system. The height of the respect and obedience of power in China has become a tradition of Chinese civilization, this is a paradox of history. [1] It has become the shackles of healthy and stable development of the economy of our country, become the Chinese civilization in the country. The breeding and spread of bribery, Because of the limited resources of society, The legal system is not yet perfect, In the period of social transformation on the allocation of resources could not be fully carried out in accordance with the law, People#39;s legitimate demands cannot be met through legitimate means, in turn, choose to bribe the benefits and opportunities of the way. Bribery crime has strong concealment, Not easy to be aware of the outside world, Used to be a small amount of simple operation, Now various forms of 'advancing with the times', Full of tricks, such as sending a credit card, to send their children to study abroad, the family, the hotel Wo case of group, the group with the text, some of which belong to the common crime of bribery. As with other crimes, There was a common form of crime bribery, that is, two or more persons jointly the implementation of collusion between the subject of the crime, the Chamber of premeditation, of its serious harmfulness, shocking. After the incident, but also offensive and defensive alliance between all criminal suspects, strong resistance, to the utmost to hinder judicial review, every feature works. Therefore, study on accomplice of bribery that has a strong theoretical significance and strong practical significance
《A》the concept of accepting bribes
Accepting bribes is state functionary who takes advantage of his position, Or illegally accept money, For the benefit of others [2] the provisions of article 385th of the current criminal law of our country State personnel who take advantage of his position, extorts or accepts another person for the benefit of others, of bribes. The provisions of article 386th: the crime of acceptance of bribes, according to bribes and punished in accordance with the provisions of article 383th of this law, bribes shall be given a heavier punishment according to law. The provisions of article 388th, State functionary who takes advantage of his office or status forming convenient conditions, Through another State functionary#39;s performance of his duties, 'forpersons seeking illegitimate interests, and extorts or accepts his petitioner#39;s substances, and punished as taking bribes. Can from the following several aspects to understand and analyze the provisions of the criminal law on bribery, The implementation of a national staff use the convenience of position and their power and network behavior. Non-national staff with national staff to facilitate joint crime of bribery on the use of national staff posts; How should qualitative, this is the problem the main argument below, and are not repeated here. Secondly, there is the act of bribery or bribery. The timing and amount of bribery or bribery, the provisions of the current criminal law is not perfect, pending further study. Three seek benefits for others, It can be seen from the provisions of the criminal law, the solicitation does not require seek interests for others, the act of bribery must seek interests for others to constitute the crime.
(II) the crime against the legal interests
In the theory of criminal law, this crime against the legal interests of mainly has the following several theories, one is the conduct of public servants can not be bought. [3] This says to think with, Civil servants took his money, Its next most likely unjust acts, Is the so-called 'get people out of their money, especially disaster', He have an ox on 'eating people, get people spare no efforts' to take other people#39;s stuff, you#39;ll have to work for others, so that the inevitable violation of the official conduct of public affairs. The other is the impartiality of official conduct, said that the future must be improperly exercising their functions and powers to accept bribes, constitutes the crime. [4] Three is the compromise said, Firstly, that the act of accepting bribe violation of official duty act itself, Other than the provisions of the criminal law in addition to the solicitation of bribes, At the same time requires the offender to seek illegal interests for the bribers, So is the impartiality of official conduct as the foundation taking into account the characteristics of official conduct can not be bought at the same time, adhere to the position of compromise said. [5] Four is the protection of Trust said that the crime of violation of official duty act itself and the trust of the society impartiality. [6] The principal terms of the exercise of civil servants is protected by law, For the maintenance of social justice, Social order plays an important role, The post itself must be fair, will tilt the balance of the votes, the order will be disrupted, so the crime is to protect the legal interests of official duty act itself. Meanwhile, even if the justice of the exercise of the duties, If the bribery of civil servants the exercise of their functions, The trust of the national public power will disappear, Because he violated the reasonable expectations of the national public power, Thus, in order to ensure the impartiality of official conduct, it is necessary to explain the legal interest of crime of the impartiality and credibility of public behavior for the society.
The above-said that the
全文共11293字，剩余内容已隐藏，支付完成后下载完整资料
Bribery is the official conduct of serious harm to the integrity and the impartiality of the National Trust is a kind of crime of corruption, It is enough to make people lose confidence in the public power, to shake the foundations of the regime.Bribery crime is as the main form of corruption, which is a social phenomenon is also a history of cancer in the objective existence at all times and under all kinds of power system.The height of the respect and obedience of power in China has become a tradition of Chinese civilization, this is a paradox of history.[1] It has become the shackles of healthy and stable development of the economy of our country, become the Chinese civilization in the country.The breeding and spread of bribery, Because of the limited resources of society, The legal system is not yet perfect, In the period of social transformation on the allocation of resources could not be fully carried out in accordance with the law, People#39;s legitimate demands cannot be met through legitimate means, in turn, choose to bribe the benefits and opportunities of the way.Bribery crime has strong concealment, Not easy to be aware of the outside world, Used to be a small amount of simple operation, Now various forms of 'advancing with the times', Full of tricks, such as sending a credit card, to send their children to study abroad, the family, the hotel Wo case of group, the group with the text, some of which belong to the common crime of bribery.As with other crimes, There was a common form of crime bribery, that is, two or more persons jointly the implementation of collusion between the subject of the crime, the Chamber of premeditation, of its serious harmfulness, shocking.After the incident, but also offensive and defensive alliance between all criminal suspects, strong resistance, to the utmost to hinder judicial review, every feature works.Therefore, study on accomplice of bribery that has a strong theoretical significance and has a strong practical significance.
一，Introduction of Bribery
（一）The concept of Bribery Accepting bribes is state functionary who takes advantage of his position, Or illegally accept money, For the benefit of others [2] the provisions of article 385th of the current criminal law of our country State personnel who take advantage of his position, extorts or accepts another person for the benefit of others, of bribes.The provisions of article 386th: the crime of acceptance of bribes, according to bribes and punished in accordance with the provisions of article 383th of this law, bribes shall be given a heavier punishment according to law.The provisions of article 388th, State functionary who takes advantage of his office or status forming convenient conditions, Through another State functionary#39;s performance of his duties, 'forpersons seeking illegitimate interests, and extorts or accepts his petitioner#39;s substances, and punished as taking bribes.Can from the following several aspects to understand and analyze the provisions of the criminal law on bribery, The implementation of a national staff use the convenience of position and their power and network behavior.Non-national staff with national staff to facilitate joint crime of bribery on the use of national staff posts; How should qualitative, this is the problem the main argument below, and are not repeated here.Secondly, there is the act of bribery or bribery.The timing and amount of bribery or bribery, the provisions of the current criminal law is not perfect, pending further study.Three seek benefits for others, It can be seen from the provisions of the criminal law, the solicitation does not require seek interests for others, the act of bribery must seek interests for others to constitute the crime.
（二）The crime against the legal interests In the theory of criminal law, this crime against the legal interests of mainly has the following several theories, one is the conduct of public servants can not be bought.[3] This says to think with, Civil servants took his money, Its next most likely unjust acts, Is the so-called 'get people out of their money, especially disaster', He have an ox on 'eating people, get people spare no efforts' to take other people#39;s stuff, you#39;ll have to work for others, so that the inevitable violation of the official conduct of public affairs.The other is the impartiality of official conduct, said that the future must be improperly exercising their functions and powers to accept bribes, constitutes the crime.[4] Three is the compromise said, Firstly, that the act of accepting bribe violation of official duty act itself, Other than the provisions of the criminal law in addition to the solicitation of bribes, At the same time requires the offender to seek illegal interests for the bribers, So is the impartiality of official conduct as the foundation taking into account the characteristics of official conduct can not be bought at the same time, adhere to the position of compromise said.[5] Four is the protection of Trust said that the crime of violation of official duty act itself and the trust of the society impartiality.[6] The principal terms of the exercise of civil servants is protected by law, For the maintenance of social justice, Social order plays an important role, The post itself must be fair, will tilt the balance of the votes, the order will be disrupted, so the crime is to protect the legal interests of official duty act itself.Meanwhile, even if the justice of the exercise of the duties, If the bribery of civil servants the exercise of their functions, The trust of the national public power will disappear, Because he violated the reasonable expectations of the national public power, Thus, in order to ensure the impartiality of official conduct, it is necessary to explain the legal interest of crime of the impartiality and credibility of public behavior for the society. The above-said that there were reasonable, and comprehensive analysis, the author t
全文共14219字，剩余内容已隐藏，支付完成后下载完整资料
资料编号：[144815]，资料为PDF文档或Word文档，PDF文档可免费转换为Word
以上是毕业论文外文翻译，课题毕业论文、任务书、文献综述、开题报告、程序设计、图纸设计等资料可联系客服协助查找。
