闪亮的爸爸中的孩子:英语高手进翻译
来源:百度文库 编辑:中科新闻网 时间:2024/10/03 16:02:19
关键词:收受型受贿;为他人谋利;既遂未遂;罪数
我不是傻子,谢绝机器翻译
http://www.legaltheory.com.cn/info.asp?id=3842
为他人谋取利益Work for the Interests of Others
收受型受贿罪Crime Of accept Bribery
受贿accept bribes
构成要件: elements
主观要件objective element
客观要件subjective element
巨额财产来源不明罪Crime of Source Unknown of Huge Sum Property
司法实践judicial practice
既遂未遂标准 standards for differing accomplished offense from unaccomplished offense
加重情节aggravated circumstance
牵连犯Implicated Offense
罪数quantity of crime
Abstract: "Work for the Interests of Others" is a legal element of the accept bribery crime. For it is not in details in law, “Work for the Interests of Others”is not only a difficult tache to grasp in judicial practice,but also the key point in theoretical fields. The author brings forward his own view based on the integration of other views about whether this element should be remained or not, should it be categorized as an objective element or a subjective element, and its effect on accomplished offense standards, and thus the derived embroil crime problem. The author thinks that if the "Work for the Interests of Others" is canceled, then this crime can not be differentiated from "Crime of Source Unknown of Huge Sum Property",and ”the canceling view” will result in difficult judgments on theoretic and judicial practice. The standards for differing accomplished offense from unaccomplished offense of this crime takes that of robbery as reference, two principles should be set as basic circumstance and aggravated circumstance.
Keywords:Crime of accept bribery, Work for the interests of others, Accomplished offense & unaccomplished offense;Quantity of crime
Summary:
"To gain the interests for other" is the legal important condition of receiving type of bribery offense. There is no expatiation in reference to the legalese of "To gain the interests for other",which is not only very difficult sector to grasp in the judicial practise,but also the controversial focus of academia. Based on the various ideas, the articel put forth it's own opinion in the matters of whether this condition should be reserved or not; whether it's subjective condition or objective condition;the affect to the standard of accomplished offense and the implicated offender problem derived therefrom. it's figured that the cancellation pf poviso that is "to gain the interests for other" would confuse this crime with the Crime of Holding a Huge Amount of Unidentified Property. The doctrine of cancellation may cause the difficulty of cognizance.it uses the criterian of crime of robbery for reference to define the accomplished and non-accomplished offenses to set up two kinds of principles including basic circumstance and the aggravated one.
Key words: receiving type bribery, To Gain the Interest for other, accomplished and not accomplished, Several crimes.
连夜为你搞定了。太困了!
“Seeks the benefit for other people” receives the bribery crime legal constitution important document. “Seeks profit for other people” as a result of the law insufficient detail, since in the judicial practice grasps with difficulty link, also is the main point which the theorists academic contend. This article on this important document whether should retain,Is the subjective important document or the objective important document,To accomplished offense standard influence,From this grows implicates violates the question in to synthesize various opinion in the foundation to propose own viewpoint. Thought “seeks the benefit for other people” the limiting condition if will cancel cannot distinguish clearly this crime and the large amount property originates the unclear crime the difference, will cancel said will be able to create in the theory and the judicial practice recognizes on the difficulty. Profits from offense of robbery robbery in this crime accomplished offense attempted standard the standard, sets up the basic plot and the aggravation plot two kind of principles.
Key word: Receives the bribe; Seeks profit for other people; Accomplished offense attempted; Crime number