貪污賄賂犯罪的財產(chǎn)刑設(shè)置.pdf

1、湖南大學(xué)碩士學(xué)位論文貪污賄賂犯罪的財產(chǎn)刑設(shè)置姓名：徐丹申請學(xué)位級別：碩士專業(yè)：刑法學(xué)指導(dǎo)教師：孫昌軍;王明高20070415IIAbstract Currently, preventing and punishing the bribe crime is one of the focuses in the field of anti-corruption to which our country and even the whole w

2、orld should together pay close attention; In face of this situation, China should take some positive and effective measures to prevent and punish those absconding corrupt officials, thus to build a clean government. Pecu

3、niary Penalty, one of the methods of criminal punishment, has a longer history which emerged before the Imprisonment does. On resent years, fine penalty has become an important punishment which only less than the Impriso

4、nment and confiscation of property has been started using again as a method running wild. Pecuniary penalty also has a rising tendency in the criminal of our nation. Looked from our country current embezzlement bribe cr

5、ime present situation that, the corruption has gets stronger and stronger the potential, the criminal law is attacking this kind of crime time somewhat lacks the ability to do what one would like. Compares other national

6、 and the local criminal law stipulated, the property punishment stipulated the flaw is causes this kind of phenomenon the important reason. The status of the legislation which is founded on the statistical and positive a

7、nalysis of the scope, the method and the amount of application of pecuniary penalty. The authors synthesize the regular pattern and study the intention of the legislation. In view of property punishment applicable scope,

8、 suitable way and amount stipulation flaw, the author put forward the consummation property punishment legislation proposal, studies the law which is formulated in the foreign country, and draws lessons from the foreign

9、country, then proposes the relevant suggestion：Must enhance the fine punishment the status, and Consummation fine punishment; But pecuniary penalty should abolish. Key words: Pecuniary Penalty; fine penalty; the penalty