Relating to commercial bribery in the discourse of crime control expression of_4564

By Vivian Hunt,2014-10-31 18:17
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Relating to commercial bribery in the discourse of crime control expression of_4564

    Relating to commercial bribery in the discourse of crime control expression of

     Summary commercial bribery in the legal discourse of governance research referential value of the phenomenon of morphological selection, the legislative process in the rules of customization and system to protect the sense of the three basic dimensions of the implementation mechanism. In different dimensions, commercial bribery, the contents of the performance of different governance. Among them, the phenomenon of

    morphological, commercial bribery, the value of governance is characterized by a range of value choice; in the legislative process, commercial bribery, governance performance as a clear, continuous and stable rules of positioning, competition and explanation; in the system

    security sense, the key is to establish a sound legal enforcement mechanisms. After this three dimensions, commercial bribery, governance can only be read by a full and interpretation in order to establish its commercial bribery, governance practice, specific interests, broaden the subject of governance activities or the development of real space.

     Key Words commercial bribery / value selection / rules customization / implementation mechanism

     Since the beginning of last year, China's anti-corruption pointing

    its sword towards "commercial bribery", "sword of Damocles are severe penalties for" a time to become the size of the Conference on keywords. This is not difficult to see the CPC Central Committee hope that the market economic order, "a singing rooster," the good intentions cherished, but only responded with cautious business corruption miniature, commercial bribery has become hidden in the domestic rules, these unspoken rules seriously affect China's economic order. And obvious, business corruption,

    hidden rules of the "rules booster" to have produced an increasingly strong "resistance." It still needs to ask is that in the commercial

    bribery and rampant crime, despite repeated prohibition context, we should choose what kind of governance of the Road to be an effective response? This is a deeper problem. To date, the domestic law scholars in understanding the commercial bribery of governance of this proposition, they often tend to proceed from a utilitarian, management of commercial

    bribery, just as the subject of a campaign-style of governance of crime

    control activities, focusing on crime control practice needs. This neglect of governance requirements of the legal aspects of the limitations of visual thinking, stifle the commercial bribery, the proposition that the theory of governance, strong tension and the ability to restrict commercial bribery have become effective governance, especially commercial bribery, governance and smooth implementation of a Yue Lai The more

    prominent focus. I believe that the basis for resolving this crisis of governance may have a variety of ways and means. However, the leading choice of values, attach importance to rules of customization, the establishment of implementation mechanisms, is undoubtedly one of the

    important choices. Choice of values, rules, regulation and enforcement mechanisms constitute a legal interpretation from the commercial bribery of governance legitimacy, effectiveness, the system of three basic dimensions. Only in this way to conform to the "commercial anti-

    corruption" system designed to protect human rights and yet severe penalties for its original purpose, and, finally, "commercial bribery of governance," the core concept of the proposition to be bigger and bigger, and three-dimensional highlights.

     First, the value of choice is the basis of governance in commercial bribery crimes

     Business anti-corruption is a movement, a process is an integration of values. Hegel once said: "Where there is reasonable." As a commercial

    anti-corruption campaign has been able to be conducted as a process has been able to continue, as an integration of values is possible, certainly has a profound basis and the intrinsic motivation. This is the commercial anti-corruption objectivity. In other words, commercial anti-corruption is

    a kind of social transformation from within, economic development, social stability and cultural exchanges, consisting of spontaneous, natural process. In this process, the value of the right of choice whether or not

    directly determine the treatment goals, which restricts the rules customization and its implementation. So, thinking the value of commercial bribery, the choice of governance become more important.

     However, with the changes to the world culture, commercial anti-

    corruption, as the building of a harmonious society and to show ways and cultural forms, bringing people of different regions, different traditions, different ethnic cultures, "encounter", thereby constituting a "cacophonous" the contemporary landscape, forming a pattern of worldwide multi-rule control. From "various disciplines quarrel" (political tradition of confrontation) to the "clash of civilizations" (cultural tradition of the collision), no doubt contributed to the value of real

    options confusing. The face of vast array of values, "Kaleidoscope,"

    people feel can only be pinned down. People seem to feel that there is no reason to support their choice to give up this kind of another. This is a period of social transformation in modern commercial bribery, the value of choice of governance specific to the cultural situation.

     That is so, we may wish to view the first philosophical sense to invest in the value category. In philosophy, the "value" comes from the practice of a theory of human abstraction, an object's existence, role, and their changes for some of the main needs and the development of a suitable, close to or identical. The value of choice is the role of subject and object of the two-way process is the main body according to

    its own intrinsic scale of the actual object of value creation, value realization process [1] (P.7). Choice of values first and foremost, based significance is to provide people an idea of the guiding image. In the field of law on commercial bribery, governance, knowledge, none of these philosophical thinking to clarify the idea of a large number of confused ideas and opened up a path out of the labyrinth. Commercial bribery governance rules belong to the value of selected areas, it is the people

    value judgments obtained in the bribery of a particular phenomenon of a certain value generated by knowledge. Just as Michael Bayles said, "legal rules or principles of the formation and operation of certain values with the link, is to determine and assess the value of the rule of law,

    principles of content and implementation of results-based standards." [2]

    (P .8-12) Berlusconi's deep insight into the show, whether from a system of rules in search of commercial bribery, the legitimacy of governance based on many occasions will inevitably touch on the value of options.

     In the phenomenon of form level, the business rules of the performance of anti-corruption authority and so on the grounds of the legislature on commercial bribery, governance, development, and safeguard

    measures established by law (or policy) text or text combined. Any one control is a kind of commercial bribery in the field of crime pattern of the law, any law (or policy) model itself represents or implies some kind of social relations for the legislators to adjust a value option - what to

    do or not do What, encourage or prohibit what is choose what kind of a value in [3]. Thus the phenomenon of level, commercial bribery, the basic values of governance, characterized by the legislative (or policy

    development) of the value of the choice of representation, that is a legislative (or policy development) mode, the value of what made a choice. Governance in the distribution of benefits and value choices can not be separated values, these values are not necessarily or not only the

    Government's values, but it must be to a large extent reflect the requirements of the times of social values. In a democratic society in particular.

     Value judgments about the content and methodological issues, our

    country has not been too philosophical circles in the establishment of a sound theoretical system to explore, but its existing jurisprudence of the theoretical system on the theory of thinking is also thinking about the meaning. The resulting, commercial bribery, the value of governance choice

    legislators (or policy makers) in their own value judgments made on the basis of a collective choice. It implies control of the main expectations for the treatment or value of the pursuit of commercial bribery,

    governance embodies a certain value preferences, expressing the purpose of the pursuit of commercial anti-corruption and value. The value of

    commercial bribery crime control options include both the concept of choices, including the choice of practice. The value of the concept of

    choice is the legislative objectives; practical choice is the legislative process of the Soka activities, namely, the value of goals and access to [3]. Therefore, the value of commercial bribery, governance choice is a continuous uniform process, including regularity and together the unity of purpose, social choice and individual choice of the unity of human rights protection and crime control unity. It is presented as follows:

     First, the regularity and unity of purpose together. Commercial

    bribery is a regularity of governance process, is also a co-purpose

    process. From the value of the basic relationship - the main, object

    relations proceeding based on the business activities of anti-corruption

    awareness of the practice, from the whole to grasp the value of options is bound to follow a fundamental principle - the unity of purpose and

    regularity. Person as the eternal value of option subjects, in reality, a specific anti-corruption in the business to make any reasonable choices

    that are based on the main purpose and objective laws made under the dual-

    scale relative freedom of choice, the result is to promote the individual and society Double development [4]. On the contrary, out of necessity do whatever they want, or ignore the human purpose, will hinder the

    development of criminal law and personal freedom and liberation. Marx said: "The animal is just that it belongs to that species in accordance with the scale and needs to build, but man they know how to scale according to any one species to carry out the production, and know how to regard the inner scale everywhere applied to the object up. People are In accordance with the laws of the United States to build. "[5] (P.97) that is both practical activities of mankind by the external objective measure

    of things, but also by the inherent need for scale selection. Therefore, it was making the value of choice, we must integrate these two scales, with the main objective laws about the need for and purpose of the unified.

     This is the regularity and the principle of unity of purpose together, but also anti-corruption practice the most basic business premise and starting point, also the commercial bribery offense governance theoretical basis. Practice, however, tells us that the value of the most difficult

    choice is to insist on regularity and together the unity of purpose, namely, the unity of fact and value. Governance activities, the greatest difficulty faced is how to control the scale required which means that the main purpose, and commercial bribery laws of their own scale which means that the combination of [6]. Emphasis on commercial bribery regularity and co-governance is the unity of purpose for the construction of commercial bribery, the rules of the basic theory of systems of governance has an

    extremely important methodological significance, it clearly reveals the commercial bribery, the circumstances surrounding the crime, the rules of governance.

     Second, social choice and individual choice unity. Philosophy in France, commercial bribery, the value of governance choice is essentially a question of the purpose and beyond the issues. The value of pursuing the highest goal is to effective governance, which is a commercial bribery, the realization of the nature of governance, that is, to make commercial

    bribery of governance to be effective, legitimate social governance. Choose the value of the secret lies in commercial bribery, the nature of governance of governance of the main quest and choices. Of the pursuit of the nature of governance, selection, creation and realization of commercial bribery, the value of management options to pursue the ultimate concern and highest goal. Social transformation in the commercial bribery of governance choice of values is essentially the choice of social values.

    The social value of treatment options from the social body, the main purpose of the human needs of departure, from a commercial anti-corruption

    of the "class characteristics", and "essence" starting to consider this issue should be addressed through the choice and the pursuit of social values, to sublimation and to raise people of the the pursuit of social purpose and social ideals of the value added performance, which is actually on business bribery of governance goals and ideals of the actual

    reality of a denial and abandon it, to its commonality, universality and the nature of an ideal expression of [ 7]. In short, the value of commercial bribery, the choice of governance, the pursuit of social values and the selection and the pursuit of human nature and choice is often

    between the intrinsic unity.

     Third, freedom and order, unity. Order in society and civil liberties in this conflict, how to value option is that we must focus on thought. A general point of view, on the one hand the order to set the scope for

    freedom, and through acts of sabotage such a range of sanctions, in order to provide guarantees for freedom; the other hand, in order to order, but also the limits of freedom, "only on people's behavior hurt one another impose restrictions on them as a whole in order to not cause social disharmony in all the acts to be free "[8] (P.45). In historical perspective, personal freedom and order, harmony, control over the content of the crime is not a par, and the human always free as a fundamental

    purpose of human practical activity. Commercial bribery governance as an important part of China's current practice, of course, is no exception. However, the personal freedom and order, harmony, not all free as a priority choice. In different social formations or to the same social

    formation in the different stages of development, both growth and decline in status is also in each other, showing the state of the unity of opposites. Since the founding of the PRC, as in the initial stage of

    socialist development, a variety of new social conflicts and cultural conflicts are in large numbers, so for a considerable period of time, we have to protect the social order into a prominent position. However, building a harmonious socialist society in the present context, especially

    from a long-term perspective to ensure that ordinary citizens (including the perpetrator) is free, has become China's commercial bribery, governance of the important content. Commercial bribery, crime, the ultimate purpose of governance is also the highest level of purpose is to ensure the integrity and unity of the social order, against the

    infringement of the individual from society, while individual members of the community to ensure maximum freedom. This has always been that we in

    the commercial bribery of governance in the pursuit of purpose.

     So, Burt particularly concerned about, "By that time, it is bound to cause a real controversy. This will be one on ethics and moral issues." [9] respect for freedom is "the truth" of the pursuit, to maintain order

    is the "harmony" of the pursuit, but in practice, achieved on the basis of the unity of order and freedom is the management of commercial bribery in the highest state of crime - "freedom" to pursue. The contradiction

    between order and freedom of penetration in the governance activities of commercial bribery, commercial bribery of governance only in the order and free and unified basis, be possible to truly achieve a harmonious criminal governance, sustainable development, otherwise it will lead to commercial

    bribery of governance non-sustainability. We are now faced is precisely

    the predicament of the main governance violates the dialectic of order and freedom of the principle of unity, so that the two major commercial bribery, governance measure of value - the order and free phase separation

    results. People making choices usually only take into account the value of its subjective, utilitarian side, did not realize the value of choice is not arbitrary, it is subject to the constraints of objective laws.

     Choice of values is not "Disenchantment", and it can not make an accurate and precise measurement through science, effectively there is a "struggle between the gods" state. Choice of values requires a lot of competition, the value of conflict, some kind of selection, but such a selection process will involve the value of a specific context of the priorities will involve a certain value when the priority of its proper and other The same can not ignore the value of a certain degree of

    compromise issue. Even at some stage or situation has been preferred in the value of a stage or in another context might be downgraded to a secondary value of [10] (P.507-518). In many cases, in order to reflect

    the values pursued by the people, rules, forms with the value of the

    performance of almost the same words. However, on the one hand, the rule is not a timely response to the possibility of values exists. In other words, the value is not necessarily able to find corresponding rule; the

    other hand, constitute the legal basis for changing society of people for commercial bribery, the evaluation of governance practices, does not necessarily rule out the cognitive, but more likely based on their accepted, the more common equity, justice, reasonable, etc. values.

    Therefore, in line with certain values and can not be absorbed in accordance with the rules [11]. This determined the commercial bribery of governance should be the correct choice based on the value must also be increased to written, formal, complete rules of law or policy level, for commercial bribery of governance to provide the normative basis for the public to abide by.

     Second, the rule customization is the heart of commercial bribery, governance

     Concept is the result of human rational knowledge, is the logical starting point for all research, we consider any one issue, the key conceptual issues that need to be resolved. Therefore, we studied the rules of commercial bribery, custom control, when, we must first clarify

    the concept of the rule of law. Is generally accepted that the rule of law is to provide legal rights, obligations and responsibilities of the criteria, standards, or to give legal significance of certain facts on the instructions of the state to provide. Is the so-called "institutional

    arrangements or the working rules for the formation of the social order, and make it operational and survival, dissemination and implementation of these systems constitutes the way that society's legal system." [12] (P.55) to establish and maintain the market as a order based on economic transactions, anti-commercial bribery laws and policy clearly defines the crime of commercial bribery and the legal consequences of the identification criteria, which for today's rule of law adds new content,

    also become the custom rules from a legal perspective perspective management of commercial bribery offense to another core proposition.

     There should also be noted that the rules of custom problem-solving

    is the legitimacy of governance in commercial bribery crimes. Thus, a

    basic idea is: The reason why the rules to bring customized commercial bribery stable and orderly governance of crime, because it inspires a sense of social vitality; while rules customization has been able to inspire social dynamic and to address commercial bribery, the legal treatment , it is because it is better positioned to address the rules, regulations and rules of competition to explain the three basic categories. This research idea in theory, the meaning is to look for

    governance rules affecting commercial bribery, certainty, security, authoritative elements and to establish an analytical framework to make possible the commercial bribery in Chinese society governance rules to raise awareness.

     (A) Rules Positioning

     Now, the pursuit of commercial bribery, the legitimacy of the rules of governance, has not only a country ruled by law should have meaning, but also in the process of harmonious society in China highlight the positive action. However, regardless of empiricism or rationalism, came from the control system of rules for the people accepted the legitimacy of the perspective of governance rules, and do not have the legitimacy of the governance rules is equivalent to "in line with the law" [11], but

    requires From the recognized rules of social behavior in the search for explanation. If the legitimacy of the basic definition is a wide range of social recognition, and we can also say that no practical purpose and the rules shows that members of society and not really "give" these rules (can be applied) legality. In this way, we are concerned about the question then becomes how to choose some sort of social governance in the use of commercial bribery, the rules of what is to follow the logic of this

    selection process, how it affects the determination of the rules [13].

    Here, first and foremost, and the premise of the question is the rule positioning. Namely, commercial bribery, governance process, we should be what kind of position and attitude of building a commercial bribery system

    of rules of governance issues.

     Observe the real, commercial bribery, repeatedly questioning the legality of governance in place, and, as the system changes and a variety of governance initiatives to speed up the endless, it seems to be getting

    worse. For a long time, the modern sense of the criminal rules of standardization is that the rules-based lead, it still rules as the

    normative standards as a core category norms. Representative of their practice is "absurd Kuang is vulgar." However, with the development of society, criminal law experts in regulating the development of awareness and there are no major, gradually the "Kuang absurd is vulgar," as a modern criminal rules of standardization of the most important ways and

    means, or even the only ways and means. Functional expression of the right to be ignored, and the rules of communicative did not receive sufficient attention. So, they put a complex, lively and simplify the rules of positioning and uniform since. Specifically, the rule-based disadvantages

    mainly reflected in: (a) to standardize the rule simplified propagation; (2) a standardized grade is not high enough; (3) created a rule to use inert; (4) widening of the rules and reality distance, resulting in a

    study of the criminal law, rules, until the law regulate certain misconceptions. Rule-based root causes of emerging view is that the rules and norms static concept, the emergence of this understanding has its specific historical reasons, the study of modern criminal law late start

    for a long time by the instrumental study of the impact of the Criminal Code deeper.

     Some analysis is not difficult to see that the emphasis on rule-based

    as the first proposition, with particular emphasis on the rule of order

    and justice, such a transcendent dimension or external transcendence, people can easily produce the absolute, fixed, and a clear obligation to view as a to determine the starting point concept. Has always been inevitable, because the rules are often involved in political positioning,

    so the rules will be subject to different social groups targeted the balance of power relations and negotiations, communication and the profound impact of bargaining had attention to the balance between efficiency and fairness, and value preferences and interests of the the overall planning, which requires a certain extent, the formulation of policies within a certain range standards. However, the positioning of the rules-based concept is clearly inappropriate on the rules of the state to

    determine the only important position, ignores the rules of the community has recognized that masks the true meaning of this rule, therefore, there is the value of a serious imbalance.

     With the social development and progress of civilization, humanity

    and the crime continue to become more rational view of rights-based view

    of the rules of the status and role of the location is revealed. Especially since the rise of criminal sociology, rules and social

integration into the rules were changed before the theory being studied.

    This is a long-term neglect of the dynamics of the real value of the rebound. It will dynamically as a rule standards, and to rights-based

    awareness of the gradual in-depth research into the specification, thus

    achieving the legal theory and methods of major changes. Rights-based

    proposed, is due to: (1) of the rules of their own awareness of the existence and rights of the state of the situation of thinking; (2) to strengthen the rules and special cases of a study of the phenomenon; (3)

    attention to the rules and regulations applied research the human spirit, focusing on the character of the use of rules and regulations; (4) standardization should be philosophical implication; (5) the right to re-

    recognize the role and the role of standardization. Rights-based concept

    aimed at the pursuit of the rule position and to ensure that acts of commercial bribery, the legitimacy of governance. Such governance practices, whether made by the legislature or by the judiciary to make,

    with the legitimacy of units are required. This is the essence of the rule of law remain unchanged, no doubt.

     What is gratifying is that today, people are no longer deny this idea: the rights and obligations of the core and essence of law, the

    rights and obligations of this category of rights are more fundamental concept is the cornerstone of areas of law. Therefore, some scholars have further pointed out: "the rules has always been real close to serve the reality of life, according to modern concept of the rule by law is nothing

    but its formulation and application of ethnic communities to promote the stability and development, to maintain order and security, and effective protection of individual liberties and rights. "[14] standardized the direct reality of the most significant, can not and will not do" for research studies. " This requires adherence to a rights-based rule-

    oriented management concept of commercial bribery. Rights-based theory of

    rights as a rule not only the cornerstone of positioning elaborate scope

    and use of rights-based theory of the crime of bribery as a business base and tone of governance theory to build a new theoretical system, but also greater emphasis on the rights as the cornerstone of the scope of the innovation value , a rights-based theory of governance rules to achieve

    the commercial bribery of innovation, thus providing a new commercial bribery rules of governance picture.

     Of course, the emphasis on rights-based does not preclude the

    importance of setting the rules, but stressed the fact that the rules set depends on the precise control of the rules, therefore, to make governance more effective, timely, in place must be found that refining the rules take precedence over the fact that criticism accused of a more important

    position. According to Japan's Professor Nobuki definitions, rules related to the fact that "legislation that existed before the (factual) state, in order to improve this state (and developed) the effectiveness of the new law, the resulting loss, less able to sacrifice the possibility of

    achieving the same interests "and other factual issues [15] (P.295). Set in the rules issue, the focus is on judging the fact that the rules, or regulations on the object literal content, logical structure of the

    arrangement, its conclusions may be different; but it does not exist

    between the two non-inverted in this Jibi's exclusive sexual relationship, in most occasions, only to cases of different nature carried out by the preferred ways, from the whole or complementary. This requires, commercial

    bribery, governance and regulations must not only be based on a country's development level and the crime situation to develop, but also with national laws and regulations in other sectors of interrelated co-

    operation constitutes an orderly, efficient and continuous improvement of the legal system .

     (B) Rules of competition

     Modern law has reached a consensus that the rules themselves seem implied in the process of crime control Disenchantment is not true.Crime

    through traditional and simplified model of governance as the mirror, this process appears to be very instrumental reason. The highest authority in a defined rules (Penal Code), the legislators passed the "Legislative Law" established in the democratic process to develop specific rules of

    conduct. Different levels of rules of conduct established by legislators, but also formed in accordance with their respective regions and between the effective range of the effectiveness of hierarchical relationships.

    Tens of thousands, spread all over the judges, then follow these rules of its own terms of reference in order to control commercial bribery. Whether legislators or judges, their actions are subject to rules. The legality of any judicial act, can be judged these rules as a standard. The rules of

    the rule of kingdom, as if showing a picture: everything can be determined can be calculated, can be cognitive, under the control of operational rules. This is like a structure of perfect quality, excellent machine. In

    which people are closely linked as if all the parts, just step by step, rule-you can, without too much questioning the ultimate value and meaning of life, natural law metaphysics, how many illusory but vexing problems [ 11].

     This appears an interesting question. Rules system "Disenchantment" and formal beauty, is a completely beautiful ideal. When the practice appears to the rules themselves or their application dissent, create or use the rules of judicial conduct rules on the face of competition test.

    And meaningful process of reflection can make such a test and compete against the rules of the debate well under way, will allow the establishment or application of the rules is not the process of attention or importance of facts and values, has once again aroused the necessary

    attention. However, the rules are practical matter, the pursuit of the experience of the reality of the world of forms. It differs from religion in the realization of the Office of religion may be the place to start is the law. The principle of justice must enter the field of experience and experience gained in the content, and experience in the various principles of logical extremes, it often appears to an absurd result or there conflicts between various principles. As Professor Zhu Suli criticized

    Hayek in "Liberty" in expounding's jurisprudence correctly pointed out, "in Hastelloy view, the general rule seems to always be clear, all of the cases was always neat to drop into this or that word of said it was within

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