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    China mulls adding officials' gift receival into Criminal Law  

    刑法修正案擬增設(shè)收受禮金罪 官員禮尚往來或入刑

    在昨天的大成律師事務(wù)所刑事辯護(hù)高峰論壇上,北京大學(xué)法學(xué)院刑法教授陳興良透露,刑法修正案(九)擬設(shè)置“收受禮金罪”。這一罪名是指國家工作人員收受他人財(cái)物,無論是否利用職務(wù)之便、無論是否為他人謀取了利益,都可以認(rèn)定為此罪。[查看全文]
    2014-09-28 13:59 Ecns.cn Web Editor: Qian Ruisha
    1

    (ECNS) – China plans to close a loophole in its Criminal Law to prevent government officials from taking gifts and receiving little punishment, the Beijing Times reported.

    At a forum held by Dacheng Law Firm in Beijing on Saturday, Peking University Law School professor Chen Xingliang said that under the proposed amendment to the Criminal Law, government employees receiving something of value would constitute a crime, even if they haven't done anything in return for the gift.

    Criminal gift-receiving would incur punishment lighter than that of bribery.

    Some government officials have been collecting gifts at weddings, birthdays and hospital visits, to name a few. Under the current law, an official is ruled guilty only when he or she returns the favor by securing personal gains for the gift giver. In legal practice, many officials defend themselves by saying the gifts are merely a private demonstration of goodwill, and receive only administrative punishment or none at all.

    The amendment is included in China's 2014 legislative work plan.

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