Research On The Bribery Forms In Bribe-Taking Crime

In the theoretical circle of criminal law, the research and discussions on bribery crime have almost never stopped, and in judicial practice circle, there are also endless puzzling questions concerning the identification of bribery crime. Although Chinese legislation is always paying attention to the criminal law regulation of bribery crime, Chinese current bribery crime still tends to an unoptimistic rising tendency. Among all the bribery crime, bribe taking crime is the most focused one. The penalty on bribe taking crime by criminal law tends to be enhanced, however, some biases and lags in design can only be improved by continuous modifications and interpretations. If the constantly emerging new issues in legislation are passively dealt with, it will lead to a situation where the former provisions and the latter ones can not be logically connected with each other. Although the legislation on bribery crime is becoming more and more precise, judicial penalty still appears feeble. Concerning bribe taking crime, there is a universal phenomenon of difficulty for investigation and conviction as well as much exemption and probation, which inevitably gives people an intuitive feeling of indulging crime. The reason is partly because of the bribe taking crime its own characters and partly lack of research on theories and practice.Bribe taking crime is a kind of secret crime, and the games between legislation and justice bring about more new forms of crime. Option rent-seeking, buying low and selling high, borrowing for a long term, and exchange of goods and other forms of crime flood out, complicated and varied, so the original pattern of criminal legislation also meets with challenges. And all of these should be resolved one by one through theory research. The lack of theory research embodies various research results but insufficient depth as well as less innovation and highlights, which can not meet the deep-seated needs of bribery crime research. The main solution includes legislation and judicial interpretation, however, legislation is of complex procedures and long period, moreover, no matter how precise the legislation is, there will be loopholes; judicial interpretation is relatively easier to made, but there apparently exists a problem of lagging. Based on such considerations, this paper makes analyses on bribe forms of bribe taking crime in China, hoping to provide some superficial theoretical supports for the research on bribe taking crime and other bribery crime.This paper contains four chapters in all. They are, respectively, Chapter One "the basic concept of bribery"; Chapter Two "presentation forms of bribery"; Chapter Three "specific identification of bribery forms"; Chapter Four "research on several new types of bribery forms". This paper attempts to clarify the classification of bribery forms, and make rational identification on them. Bribe taking crime makes accepting bribes as its core elements, so tradition theory believe the nature of bribery behaviors lies in the transfer of bribery property’s ownership. But in real life, the interests that a briber enjoys on the property tends to be multiple, and the original ownership transfer theory can not cover the whole range of bribes, so bribery forms should be expanded, and the interest range contained by bribery forms should be enlarged. The author believes that bribery forms can be analyzed according to the core of bribery behavior, namely, the forms of property transfer. Firstly, it can be divided into possession translation and ownership translation according to whether the ownership has been transferred or not. Secondly, it can divided into real transfer and anticipatory transfer according to the time and space where property transfer occurs. Thirdly, whole transfer and partial transfer according to the actual status of property transfer. Finally, complete ownership transfer and common ownership transfer according to the actual state of property control. That is to say, it can be divided into interests of application, interests of proceeds, and interests of disposition, of which the former two take possession as their premise, while the latter two take ownership as their promise. Therefore, bribery forms can also divided into possessive bribery and proprietarily bribery. And interests can be divided into real interests and expected interests according to the time differences of interest obtaining; interests unilaterally controlled by the briber, interests controlled by the bribe, and interests controlled by both parties according to the state of interest control.On the basis of these, this paper will put forth the identification method of bribery value, whose computing method can be deducted according to different forms of interests. Following this, some new types of complex bribery forms in practice will be chosen for research, and the establishment standard of bribery behavior as well as the computing method of bribery value of all forms of bribery can be obtained based on the above researched basic principles of bribery forms, which may provide some reference for punishing bribery crime.