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China mulls adding officials' gift receival into Criminal Law  

刑法修正案拟增设收受礼金罪 官员礼尚往来或入刑

在昨天的大成律师事务所刑事辩护高峰论坛上,北京大学法学院刑法教授陈兴良透露,刑法修正案(九)拟设置“收受礼金罪”。这一罪名是指国家工作人员收受他人财物,无论是否利用职务之便、无论是否为他人谋取了利益,都可以认定为此罪。[查看全文]
2014-09-28 13:59 Ecns.cn Web Editor: Qian Ruisha
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(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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