收受禮金行為刑法規(guī)制問題研究
發(fā)布時(shí)間：2019-01-05 19:42
【摘要】：在國(guó)家層面對(duì)反腐敗力度不減、節(jié)奏不變的關(guān)鍵階段,法律實(shí)務(wù)界、理論界包括民間對(duì)反腐敗的關(guān)心和關(guān)注熱度未見消退。而隨著反腐走向縱深,老虎蒼蠅們行受賄的形式層出不窮。而"收受禮金"行為似乎成了這些犯罪分子常用的斂財(cái)手段。作為傳統(tǒng)的人情社會(huì),我國(guó)素來講究禮尚往來。但是隨著社會(huì)發(fā)展的進(jìn)程,收受禮金的行為已經(jīng)不再是單純的人情往來,而明顯發(fā)生了變異,有些收受禮金行為呈現(xiàn)出犯罪的特征。在《刑法修正案(九)》出臺(tái)之前,新設(shè)"收受禮金罪"的呼聲就不絕于耳,且這一罪名一度入選了刑九的草案之中。雖然最終未能成行,但如何規(guī)制收受禮金行為已然成為理論和實(shí)務(wù)界的熱點(diǎn)。本文將從這一背景出發(fā),通過三個(gè)部分分別闡述"收受禮金"行為的背景與現(xiàn)狀:從傳統(tǒng)人情往來到禮金往來的變異;目前學(xué)界對(duì)"收受禮金"行為的定性與分歧;結(jié)合內(nèi)蒙古自治區(qū)的真實(shí)案例來闡明在實(shí)踐中如何規(guī)制"收受禮金"行為。爭(zhēng)取在現(xiàn)有的法律體系框架內(nèi),準(zhǔn)確的評(píng)價(jià)"收受禮金"行為。
[Abstract]:At the national level, the key stage of anti-corruption is not reduced and the rhythm is unchanged. The concern and concern for anti-corruption in the field of legal practice and theory, including civil society, has not dissipated. And as corruption goes deep, tigers and flies take bribes in one form or another. And the act of accepting gifts seems to have become a common means of collecting money for these criminals. As a traditional human society, our country has always paid attention to reciprocity. However, with the development of society, the behavior of accepting gift money is no longer a simple exchange of human feelings, but has obviously changed, some of the behavior of accepting gifts show the characteristics of crime. Before the introduction of the Criminal Law Amendment (9), the voice of "accepting the crime of accepting gift money" has been heard, and this charge was once selected in the draft of nine sentences. However, how to regulate the behavior of accepting gifts has become a hot topic in theory and practice. Starting from this background, this paper expounds the background and present situation of the behavior of "accepting gift money" through three parts: the variation from the traditional exchange of human feelings to the exchange of money, the nature and difference of the present academic circles on the behavior of "accepting gift money"; Combining with the real case of Inner Mongolia Autonomous region, this paper expounds how to regulate the behavior of accepting gift money in practice. In the framework of the existing legal system, the accurate evaluation of "receive money" behavior.
【學(xué)位授予單位】：內(nèi)蒙古大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2017
【分類號(hào)】：D924.3
本文編號(hào)：2402220
[Abstract]:At the national level, the key stage of anti-corruption is not reduced and the rhythm is unchanged. The concern and concern for anti-corruption in the field of legal practice and theory, including civil society, has not dissipated. And as corruption goes deep, tigers and flies take bribes in one form or another. And the act of accepting gifts seems to have become a common means of collecting money for these criminals. As a traditional human society, our country has always paid attention to reciprocity. However, with the development of society, the behavior of accepting gift money is no longer a simple exchange of human feelings, but has obviously changed, some of the behavior of accepting gifts show the characteristics of crime. Before the introduction of the Criminal Law Amendment (9), the voice of "accepting the crime of accepting gift money" has been heard, and this charge was once selected in the draft of nine sentences. However, how to regulate the behavior of accepting gifts has become a hot topic in theory and practice. Starting from this background, this paper expounds the background and present situation of the behavior of "accepting gift money" through three parts: the variation from the traditional exchange of human feelings to the exchange of money, the nature and difference of the present academic circles on the behavior of "accepting gift money"; Combining with the real case of Inner Mongolia Autonomous region, this paper expounds how to regulate the behavior of accepting gift money in practice. In the framework of the existing legal system, the accurate evaluation of "receive money" behavior.
【學(xué)位授予單位】：內(nèi)蒙古大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2017
【分類號(hào)】：D924.3
【相似文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 鄭明義;收受禮金行為刑法規(guī)制問題研究[D];內(nèi)蒙古大學(xué);2017年
，本文編號(hào)：2402220
本文鏈接：http://sikaile.net/falvlunwen/xingfalunwen/2402220.html
教材專著
