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A comparative look at active official bribery in China and t

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conghui zhang

on 21 August 2014

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Transcript of A comparative look at active official bribery in China and t

Active official bribery in China
what's the Active official bribery
the offense of offering bribes to government officials
Outline
Overview of the active official bribery in China


Overview of the Bribery Act 2010 in the United Kingdom


Comparative analysis of active official bribery in China and the UK


Possible adoption of legislation from the UK to China
GlaxoSmithKline bribery scandal
A comparative look at active official bribery in China and the UK
Chinese Criminal Law Article 389
General elements of active official bribery
the subject of a crime
subjective aspect of a crime
criminal object
objective aspect of a crime
the Bribery Act 2010
the main law related to the active official bribery in the UK
General elements
mental element
conduct element
Comparative analysis of active official bribery in China and the UK
Intent of securing improper benefits
The conduct element
The bribes
basic differences

Compared to the UK, Chinese Criminal Law narrows the definition of the “bribe” and the "conduct element"
basic differences
Possible adoption of legislation from the UK to China
expand the scope of “conduct”
redefine the “bribe”
evaluation of the possible adoption
essential
but difficult to directly imitate
conclusion
two differences: the conduct element and the bribes
compared to China, the UK has many advantages in the legislation
it is sensible for China to adopt from the UK in the future
Thank you!
Reference
Allen, M. (2007). Textbook on Criminal LAW. United Kingdom: Oxford University Press. P. 50-70.

Campbell, L. (2013). Organised Crime and the Law. United Kingdom: Hart Publishing Ltd. P. 30-50.

Charles Doyle, D. (2010). Manx Criminal Law and Procedure. wales: the Isle of Man Law Society.

Gintel, R. (2014). FIGHTING TRANSNATIONAL BRIBERY:CHINA'S GRADUAL APPROACH. Available: http://heinonline.org. Last accessed 30th July 2014.

Herring, J. (2014). Criminal Law . Oxford: Oxford University Press. P. 10-30.

Sullivan, B. (2010). Reformulating bribery: a legal critique of the. Available: http://ebooks.cambridge.org/. Last accessed 30th July 2014.

Serious Fraud Office. (2010). Bribery & Corruption, [online] Available at: <http://www.sfo.gov.uk/bribery--corruption/bribery--corruption.aspx> [Accessed 5 August 2014].
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