2010Unpublished venueRequires access

Thoughts on the Abolishment of Interest Elements in Bribery Crime

Zhenmin Zhao

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Abstract

According to the Criminal Law,try to obtain interest for others is an element of bribery crime.There are controversies about this element,either in theory or in judicial practices.This element is not proper,either as subjective element or as objective elements,and it is incompatible with the objective value of the Criminal Law.In order to avoid the flaws and vulnerabilities of the law,this element of bribery crime should be cancelled,and it could be seen as a circumstance for sentencing.

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According to the Criminal Law,try to obtain interest for others is an element of bribery crime.There are controversies about this element,either in theory or in judicial practices.This element is not proper,either as subjective element or as objective elements,and it is incompatible with the objective value of the Criminal Law.In order to avoid the flaws and vulnerabilities of the law,this element of bribery crime should be cancelled,and it could be seen as a circumstance for sentencing.

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Available abstract

According to the Criminal Law,try to obtain interest for others is an element of bribery crime.There are controversies about this element,either in theory or in judicial practices.This element is not proper,either as subjective element or as objective elements,and it is incompatible with the objective value of the Criminal Law.In order to avoid the flaws and vulnerabilities of the law,this element of bribery crime should be cancelled,and it could be seen as a circumstance for sentencing.

Key concepts: Element (criminal law), Criminal law, Law, Order (exchange), Political science, Value (mathematics), Criminology, Law and economics

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