海峡两岸受贿犯罪立法比较研究-刑法学专业论文.docxVIP

CoMnUⅫn厂：E CoMnUⅫn厂：E RESEARCH oN CROSS．STRAITS LEGISLATIoN oF BRIBERY CRJME ABSTRACT Bribery crime does great harm to society，and its iust like the cancer，which hinders the healthy development of a countrys economic and society．In order to combat the crime of bribery,both sides of the Taiwan Straits legislate relevant criminallaWS．In comparison．Taiwan’S criminal legislation in punishing the crime of bribery iS more complete．and its punishment effect was significantly better than Mainland China’S．Therefore．comparative research on Cross-strait’S legislation of Bribery crime plays a very important role in perfection of the criminal legislation of punishing crime of bribery in Mainland China． Based on the comparison of Cross．strait legislation overview,this thesis iS focused on comparing the component elements of Bribery crime in criminal legislation one by one，analyzing the similarities and differences between both sides of the Taiwan Straits，evaluating their respective advantages and disadvantages，and finding out the merits of the legislative framework of Taiwan region that we can absorb，with the purpose of giving advices on how to improve the criminal legislation of crime of bribery in Mainland China． To be specific，this Paper is divided into four parts： The first part introduces the overview of Cross—strait legislation of crime of bribery,making comparisons between the legislative history and legislative model， and analyzing the differences in the Bribery crime legislation and its evolution process； The second part iS focused on similarities and differences of component elements of Cross-straits Bribery crime，comparing points by points，including legal interests， the subject of crime，the objective aspect,the subjective aspect，and analyzing the merits of two region’S legislation； Part III discussed the differences between Taiwan region and Mainland China on their penalties setting of Bribery crime from three aspects：Sentencing guidelines， penalty magni