收受礼金行为刑法规制问题研究
发布时间：2019-01-05 19:42
【摘要】：在国家层面对反腐败力度不减、节奏不变的关键阶段,法律实务界、理论界包括民间对反腐败的关心和关注热度未见消退。而随着反腐走向纵深,老虎苍蝇们行受贿的形式层出不穷。而"收受礼金"行为似乎成了这些犯罪分子常用的敛财手段。作为传统的人情社会,我国素来讲究礼尚往来。但是随着社会发展的进程,收受礼金的行为已经不再是单纯的人情往来,而明显发生了变异,有些收受礼金行为呈现出犯罪的特征。在《刑法修正案(九)》出台之前,新设"收受礼金罪"的呼声就不绝于耳,且这一罪名一度入选了刑九的草案之中。虽然最终未能成行,但如何规制收受礼金行为已然成为理论和实务界的热点。本文将从这一背景出发,通过三个部分分别阐述"收受礼金"行为的背景与现状:从传统人情往来到礼金往来的变异;目前学界对"收受礼金"行为的定性与分歧;结合内蒙古自治区的真实案例来阐明在实践中如何规制"收受礼金"行为。争取在现有的法律体系框架内,准确的评价"收受礼金"行为。
[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.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.3
本文编号：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.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.3
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1 郑明义;收受礼金行为刑法规制问题研究[D];内蒙古大学;2017年
，本文编号：2402220
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