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Research on the Prevention and Control of Self-Money-Laundering in the Digital Age
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作者 Cui Xinglu 《科技与法律(中英文)》 2024年第5期123-135,共13页
The development of virtual currencies,network banking,and artificial intelligence technologies facilitates the implementation and completion of self-money laundering in crimes involving embezzlement and bribery.Amendm... The development of virtual currencies,network banking,and artificial intelligence technologies facilitates the implementation and completion of self-money laundering in crimes involving embezzlement and bribery.Amendment XI to the Criminal Law of the People's Republic of China lists self-money laundering as a separate money laundering crime,breaking the restrictive framework that it must be committed by someone else.This is reflective of the specific interest that China has in anti-money laundering.The criminalization of self-money laundering has been adopted as a powerful legal weapon against money laundering.However,it has confronted a series of dilemmas in terms of specific judicial applications.To gradually address the dilemmas in applying the clause,a comprehensive consideration of Chinese judicial and anti-money laundering practices,as well as international anti-money laundering regulations and practices,is carried out.Moreover,the following recommendations are given:that the protection of legal interests concerning self-money laundering should be expanded appropriately;that a penalty and cooperation system should be established for the crime of self-money laundering;and that the scope of the means of self-money laundering should be extended. 展开更多
关键词 embezzlement and bribery self-money laundering legal interests COORDINATION APPLICATION
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Research on Bribery Characterization of Property Developers in Land Market: Based on Quantitative Analysis
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作者 Hongxia ZHANG Shukui TAN +1 位作者 Li XIA Chunhong JIANG 《Asian Agricultural Research》 2015年第12期52-58,共7页
Taking Wuhan,Nanjing and Guangzhou as examples and using Logistic model and Moran index,this paper made a quantitative analysis on bribery characterization of developers in land market. It found that( i) bribery behav... Taking Wuhan,Nanjing and Guangzhou as examples and using Logistic model and Moran index,this paper made a quantitative analysis on bribery characterization of developers in land market. It found that( i) bribery behavior of developers is promoted by supply and demands;( ii) bribery behavior of developers takes on regional agglomeration and difference. It reached following conclusions:( i) under the influence of macro factors and micro factors,bribery behavior of developers is rational selection after full consideration of institutional environment and corporate strength,and is passive to a certain extent;( ii) bribery behavior of developers has certain spatial correlation,and the high-high correlation characteristic is most significant. 展开更多
关键词 LAND MARKET Property DEVELOPERS bribery CHARACTERIZATION QUANTITATIVE analysis
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Spread of Commercial Bribery and Private Sector Responsibilities in China
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作者 刘戒骄 王德华 《China Economist》 2015年第5期92-105,共14页
After years of governance, the momentum of the spread of commercial bribery in China has yet to be effectively curbed. Commercial bribery has become a major form ofcorruption in China, but there are very jew studies o... After years of governance, the momentum of the spread of commercial bribery in China has yet to be effectively curbed. Commercial bribery has become a major form ofcorruption in China, but there are very jew studies on this topic. This paper discusses commercial briber), in terms of economics on transactions between the supplier (the bribegiver) and the demander (the bribe-taker), analyzing reasons for the spread of commercial briberyin China from an economic perspective. The authors find that China's commercial bribery governance focuses on punishing the public sector and bribe-takers while it lacks sufficient governance measures on the private sector to address bribe-givers. This form of governance is dramatically different from that utilized in countries with mature market economies as well as some international organizations, which have different measures fortackling commercial bribery. Does governance have a causal effect on the spread of commercial bribery in China?The authors use penalty severity to indicate the private sector 'srole and use a commercial bribery game under perfect rationality and evolutionary game theory models under bounded rationality to reveal the conditions and mechanism of the origin and spread of commercial bribery. The authors also analyze the role of the private sector (the potential bribe-giver) and the role of the punishment mechanism in commercial bribery governance. Results show that the penalties for bribe-giving are less severe than penaltiesfor bribe-taking. There is an especially clear asymmetric relationship between economic penalties for the bribe-giverand economic benefits gained from bribing, and the authors propose that this disparity is the institutional cause of the spread of commercial bribery in China. Froma local equilibrium and static perspective, asymmetric punishment is important for breaking down the alliance between the bribe-giver and the bribe-taken But from the general equilibrium and dynamic perspective, asymmetric punishment raises the potential bribe-giver's expected benefits, attracting the potential bribe-giver and encouraging the potential bribe-giver to extend the bribe offer. In this' regard, asymmetric punishment is an institutional defect of China's commercial bribery governance. Symmetric punishment mechanisms, with an emphasis on prevention and control, makes' the bribe-giver and the bribe-taker subject to the same level of criminal punishmentandalso raises a bribe-giver's .financial penaltiesto a level higher than the expected benefits. This in turn has the power tolimit the bribe-giver's bribery motivation and ability, leading the bribe-giver togive up bribery voluntarily through rational choice, and eventually curbing the spread of commercial bribery. 展开更多
关键词 commercial bribery punishment mechanism private sector evolutionary game
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The Influence of Social Dimensions on Bribery in Public Sector Institutions in Libya
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作者 Salem M. Abdelgader 《Sociology Study》 2013年第2期114-133,共20页
This paper investigates social dimensions in the Libyan family and their relationship to the common practice of bribery. In Libya, bribery is most noticeable in administrative contexts where other practices such as fa... This paper investigates social dimensions in the Libyan family and their relationship to the common practice of bribery. In Libya, bribery is most noticeable in administrative contexts where other practices such as favouritism, fraud and forgery are also found. The paper aims to make an original contribution to knowledge in a little-researched area by examining social dimensions and cultural practices. The paper is based on the basic assumption that there is a relationship between accepting bribes and social dimensions surrounding the family in Libya and will thus also examine bribery as a social culture, by means of a set of variables such as gifts, promises, assistance and loans. The study took place in Benghazi, Libya, where the number of employees exceeded 200. The study was conducted using an interpretative epistemology and a quantitative method. Data were collected using quantitative research instruments and the Statistical Package for the Social Sciences (SPSS) was used to analyse the data. The findings of the study suggest that there is a relationship between family relationships, social status and the commission of the crime of bribery except for variables of social status and cultural background, in addition to the social relationship's effect on administration. 展开更多
关键词 FAMILY bribery social dimensions institutions
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英国贿赂犯罪刑法治理:立法发展与制度创新 被引量:10
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作者 魏昌东 《学习与探索》 CSSCI 北大核心 2013年第2期75-79,共5页
英国的贿赂犯罪立法始终以制度创新作为立法发展目标,这使得英国近代以来一直保持清廉国家的良好声誉。然而,自20世纪90年代以后,随着社会的发展以及新问题新情况的出现,特别是国际上一系列国际组织加大对贿赂犯罪惩治与预防的趋势,暴... 英国的贿赂犯罪立法始终以制度创新作为立法发展目标,这使得英国近代以来一直保持清廉国家的良好声誉。然而,自20世纪90年代以后,随着社会的发展以及新问题新情况的出现,特别是国际上一系列国际组织加大对贿赂犯罪惩治与预防的趋势,暴露出英国贿赂罪立法在犯罪规制能力上还存在不足。为扭转这种状况,英国启动了《贿赂法》的更新工作。英国2010年《贿赂法》(Bribery Act 2010)的出台集中反映了时代对立法的要求,其在立法体例上开创了一体化的贿赂犯罪治理法的立法模式,首创的商业组织预防行贿失职罪丰富了世界贿赂犯罪立法罪名体系,创新了贿赂犯罪罪过责任模式的类型。英国2010年《贿赂法》的制度创新为中国的贿赂犯罪立法提供了可资借鉴的有益经验。 展开更多
关键词 英国《贿赂法》(bribery Act2010) 贿赂犯罪 商业组织预防行贿失职罪
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Ethics and Integrity in Building Employee's Perceptions
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作者 Zainal Abu Zarim Hafizah Omar Zaki 《Management Studies》 2016年第3期131-137,共7页
Malaysia has long been involved in the initiative of becoming a high income country by the year 2020. In this essence, fighting and eliminating any means of corruption in the public and private companies have been one... Malaysia has long been involved in the initiative of becoming a high income country by the year 2020. In this essence, fighting and eliminating any means of corruption in the public and private companies have been one of the key challenges in the long run. The globalization of businesses has somehow led to an increase in the number of unethical conduct and hazardous corruption. In the urge to enliven ethics and integrity in a company and among employees, the whole business processes and stakeholders should position code of ethics and integrity at its highest standard. However, can ethics and integrity really increase the company's reputation, strengthening its business operations and sustainability, and deliver trust amongst employees and employers? The objective of this study is to analyze the perceptions of employees on issues pertaining ethics and integrity. The study has been conducted in one of the giant telecommunication companies in Malaysia where a sample of 7,056 employees were the participants involved in the survey. The study has used questionnaires to collect data. The data have then been analysed using the SPSS data analysis software. The findings explained that employees view the company as an ethical place to work where the finance department is deemed to have the highest level of integrity. While in matters of corruption risk areas, there are still practices of bribery. It is also founded that a majority of respondents about 93% agree that the company's initiatives are effective in building business integrity and that the level of business ethics and integrity has improved over the last two years. Running a business with ethics and integrity while selecting the fight business partners will create a corporation of ethics, integrity, and anti-corruption. 展开更多
关键词 ETHICS INTEGRITY employee's perceptions corruptions bribery telecommunication company
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Control of Corruption,Trust in Government,and Voluntary TaxCompliance in South-West,Nigeria
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作者 Adekoya AAugustine Enyi P.Enyi 《Management Studies》 2020年第1期84-97,共14页
Tax payers’level of compliance behaviour is a major concern to government and tax authorities.Constant losses of tax revenue through bribery,corruption,and abuse of power for personal advantage are perceived to have ... Tax payers’level of compliance behaviour is a major concern to government and tax authorities.Constant losses of tax revenue through bribery,corruption,and abuse of power for personal advantage are perceived to have adversely affected nation’s economic growth and infrastructural development.Many researches have been conducted on taxpayers’compliance,but not many considered the effect of Control of Corruption(COC)in their study.This study looked at the probable influence of COC on individual taxpayers’voluntary tax compliance behaviour in South-West,Nigeria.Survey research design was adopted for the study.Population for the study was 5,216,422 individual taxpayers in three selected states.A validated questionnaire was used to collect data from respondents by means of Stratified and random sampling techniques with a sample size of 1,200 and this gives a response rate of 87.6%.The reliability test using Cronbach’s alpha coefficients ranged from 0.79 to 0.86.The study adopts descriptive and inferential statistics to analyze the data at 0.05 level of significance.The study shows that COC positively influenced voluntary tax compliance among individual taxpayers in the study states(Adj.R2=0.063,F(6,1050)=12.68,p=0.000).There was evidence that trust in government,COC,and employment status have significant relationship with voluntary tax compliance behaviour in the study states(β=0.139,t(1044)=6.125,p=0.000,β=0.154,t(1044)=5.025,p=0.000,β=-0.237,t(1044)=-3.562,p=0.00)while gender,age,and educational level do not have significant relationship with voluntary tax compliance(β=0.036,t(1044)=0.664,p=0.664,β=-0.002,t(1044)=-0.080,p=0.936,β=0.035,t(1044)=1.081,p=0.280),respectively.The study concluded that control of corruption influenced individual voluntary tax compliance.Government should put better stiff strategies in controlling corruption on tax matters,overhaul the internal control mechanism,establish state anti-graft agencies,and put stiff punishment for any fraudulent activity on tax revenue generation while zero tolerance to corruption should be seen and practice. 展开更多
关键词 bribery CORRUPTION economic growth infrastructural development tax authority trust in government voluntary tax compliance
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Recasting Anti-commercial Bribery Provisions in Criminal Law
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作者 曾友祥 《Social Sciences in China》 2012年第1期92-103,共12页
Commercial bribery makes up a high proportion of all corruption involving public functionaries in China. As such, it must be a present and future focus of the fight against corruption. In order to better achieve the o... Commercial bribery makes up a high proportion of all corruption involving public functionaries in China. As such, it must be a present and future focus of the fight against corruption. In order to better achieve the objective of restraining public power, we should adjust the criteria for what constitutes the crime of corruption and the content of the specific assessment of this crime in Chinese criminal law in the light of the characteristics and new manifestations of commercial bribery, with a view to combating it more effectively.View full textDownload full text 展开更多
关键词 commercial bribery criminal regulations recasting of mechanisms
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Combating Commercial Bribery
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作者 FENG JING 《Beijing Review》 2006年第21期30-32,共3页
Government lists fighting business corruption as one of its key tasks this year On March 15, the Intermediate People's Court of Dazhou City in Sichuan Province sentenced Li Zulun, former president of Dazhou Center... Government lists fighting business corruption as one of its key tasks this year On March 15, the Intermediate People's Court of Dazhou City in Sichuan Province sentenced Li Zulun, former president of Dazhou Center Hospital, to 14 years in prison for accepting a total of 1.22 展开更多
关键词 PR Combating Commercial bribery
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Should Sex Bribery Be Punished Without Legal Approval?
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《Beijing Review》 2008年第1期46-47,共2页
Firefighters are highly respected in China,as they should be for the dangerous job they do.With high honor earned from the job, the firefighters,as a major part of the nation’s police force,should certainly not be in... Firefighters are highly respected in China,as they should be for the dangerous job they do.With high honor earned from the job, the firefighters,as a major part of the nation’s police force,should certainly not be involved in any form of bribery,in- cluding Wading power or favors for sex.In a move to wipe out bribery and build a clean government,the Ministry of Public Security, top watchdog of China’s police force,re- cently issued a self-discipline decree。 展开更多
关键词 Should Sex bribery Be Punished Without Legal Approval BE
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